Common use of Pledges or Loans of Securities Clause in Contracts

Pledges or Loans of Securities. (1) Upon receipt of Instructions from a Fund, the Custodian will release or cause to be released Securities held in custody to the pledgees designated in such Instructions by way of pledge or hypothecation to secure loans incurred by such Fund with various lenders including but not limited to UMB Bank, n.a.; provided, however, that the Securities shall be released only upon payment to the Custodian of the monies borrowed, except that in cases where additional collateral is required to secure existing borrowings, further Securities may be released or delivered, or caused to be released or delivered for that purpose upon receipt of Instructions. Upon receipt of Instructions, the Custodian will pay, but only from funds available for such purpose, any such loan upon re-delivery to it of the Securities pledged or hypothecated therefor and upon surrender of the note or notes evidencing such loan. In lieu of delivering collateral to a pledgee, the Custodian, on the receipt of Instructions, shall transfer the pledged Securities to a segregated account for the benefit of the pledgee. (2) Upon receipt of Instructions, the Custodian will release securities to a securities lending agent appointed by the Fund and designated in such Instructions. The Custodian shall act upon Instructions from the Fund and/or such agent in order to effect securities lending transactions on behalf of the Fund. For its services in facilitating a Fund’s securities lending activities through such agent, the Custodian may receive from the agent a portion of the agent’s securities lending revenue or a fee directly from the Fund. The Custodian shall have no responsibility or liability for any losses arising in connection with the agent’s actions or omissions, including but not limited to the delivery of Securities prior to the receipt of collateral, in the absence of negligence or willful misconduct on the part of the Custodian.

Appears in 114 contracts

Samples: Custody Agreement (FT Vest Total Return Income Fund: Series A4), Custody Agreement (FT Vest Hedged Equity Income Fund: Series A4), Custody Agreement (Hamilton Lane Private Secondary Fund)

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Pledges or Loans of Securities. (1) Upon receipt of Instructions from a Fund, the Custodian will release or cause to be released Securities held in custody to the pledgees designated in such Instructions by way of pledge or hypothecation to secure loans incurred by such Fund with various lenders including but not limited to UMB Bank, n.a.; provided, however, that the Securities shall be released only upon payment to the Custodian of the monies borrowed, except that in cases where additional collateral is required to secure existing borrowings, further Securities may be released or delivered, or caused to be released or delivered for that purpose upon receipt of Instructions. Upon receipt of Instructions, the Custodian will pay, but only from funds available for such purpose, any such loan upon re-delivery to it of the Securities pledged or hypothecated therefor and upon surrender of the note or notes evidencing such loan. In lieu of delivering collateral to a pledgee, the Custodian, on the receipt of Instructions, shall transfer the pledged Securities to a segregated account for the benefit of the pledgee. (2) Upon receipt of Special Instructions, and execution of a separate Securities Lending Agreement, the Custodian will release securities Securities held in custody to a securities lending agent appointed by the Fund and borrower designated in such Instructions. The Custodian Instructions and may, except as otherwise provided below, deliver such Securities prior to the receipt of collateral, if any, for such borrowing, provided that, in case of loans of Securities held by a Securities System that are secured by cash collateral, the Custodian's instructions to the Securities System shall act upon Instructions from require that the Fund and/or such agent in order to effect securities lending transactions on behalf Securities System deliver the Securities of the Fund. For its services in facilitating a Fund’s securities lending activities through such agent, appropriate Fund to the Custodian may receive from the agent a portion borrower thereof only upon receipt of the agent’s securities lending revenue or a fee directly from the Fundcollateral for such borrowing. The Custodian shall have no responsibility or liability for any losses loss arising in connection with the agent’s actions or omissions, including but not limited to from the delivery of Securities prior to the receipt of collateral. Upon receipt of Instructions and the loaned Securities, in the absence of negligence or willful misconduct on Custodian will release the part of collateral to the Custodianborrower.

Appears in 93 contracts

Samples: Custody Agreement (Cheswold Lane Funds), Custody Agreement (Trend Trader Funds), Custody Agreement (SteelPath MLP Funds Trust)

Pledges or Loans of Securities. (1) Upon receipt of Instructions from a the Fund, the Custodian will release or cause to be released Securities held in custody to the pledgees designated in such Instructions by way of pledge or hypothecation to secure loans incurred by such the Fund with various lenders including but not limited to UMB Bank, n.a.; provided, however, that the Securities shall be released only upon payment to the Custodian of the monies borrowed, except that in cases where additional collateral is required to secure existing borrowings, further Securities may be released or delivered, or caused to be released or delivered for that purpose upon receipt of Instructions. Upon receipt of Instructions, the Custodian will pay, but only from funds available for such purpose, any such loan upon re-delivery to it of the Securities pledged or hypothecated therefor and upon surrender of the note or notes evidencing such loan. In lieu of delivering collateral to a pledgee, the Custodian, on the receipt of Instructions, shall transfer the pledged Securities to a segregated account for the benefit of the pledgee. (2) Upon receipt of Instructions, the Custodian will release securities to a securities lending agent appointed by the Fund and designated in such Instructions. The Custodian shall act upon Instructions from the Fund and/or such agent in order to effect securities lending transactions on behalf of the Fund. For its services in facilitating a the Fund’s securities lending activities through such agent, the Custodian may receive from the agent a portion of the agent’s securities lending revenue or a fee directly from the Fund. The Custodian shall have no responsibility or liability for any losses arising in connection with the agent’s actions or omissions, including but not limited to the delivery of Securities prior to the receipt of collateral, in the absence of negligence or willful misconduct on the part of the Custodian.

Appears in 20 contracts

Samples: Custody Agreement (Meketa Infrastructure Fund), Custody Agreement (Calamos Aksia Alternative Credit & Income Fund), Custody Agreement (Apollo Diversified Real Estate Fund)

Pledges or Loans of Securities. (1) Upon receipt of Instructions from a Fund, the Custodian will release or cause to be released Securities held in custody to the pledgees designated in such Instructions by way of pledge or hypothecation to secure loans incurred by such Fund with various lenders including but not limited to UMB Bank, n.a.; provided, however, that the Securities shall be released only upon payment to the Custodian of the monies borrowed, except that in cases where additional collateral is required to secure existing borrowings, further Securities may be released or delivered, or caused to be released or delivered for that purpose upon receipt of Instructions. Upon receipt of Instructions, the Custodian will pay, but only from funds available for such purpose, any such loan upon re-delivery to it of the Securities pledged or hypothecated therefor and upon surrender of the note or notes evidencing such loan. In lieu of delivering collateral to a pledgee, the Custodian, on the receipt of Instructions, shall transfer the pledged Securities to a segregated account for the benefit of the pledgee. (2) Upon receipt of Special Instructions, and execution of a separate Securities Lending Agreement, the Custodian will release securities Securities held in custody to a securities lending agent appointed by the Fund and borrower designated in such Instructions. The Custodian Instructions and may, except as otherwise provided below, deliver such Securities prior to the receipt of collateral, if any, for such borrowing, provided that, in case of loans of Securities held by a Securities System that are secured by cash collateral, the Custodian’s instructions to the Securities System shall act upon Instructions from require that the Fund and/or such agent in order to effect securities lending transactions on behalf Securities System deliver the Securities of the Fund. For its services in facilitating a Fund’s securities lending activities through such agent, appropriate Fund to the Custodian may receive from the agent a portion borrower thereof only upon receipt of the agent’s securities lending revenue or a fee directly from the Fundcollateral for such borrowing. The Custodian shall have no responsibility or liability for any losses loss arising in connection with the agent’s actions or omissions, including but not limited to from the delivery of Securities prior to the receipt of collateral. Upon receipt of Instructions and the loaned Securities, in the absence of negligence or willful misconduct on Custodian will release the part of collateral to the Custodianborrower.

Appears in 14 contracts

Samples: Custody Agreement (Aim Investment Funds (Invesco Investment Funds)), Custody Agreement (World Funds Trust), Custody Agreement (Security Income Fund /Ks/)

Pledges or Loans of Securities. (1) Upon receipt of Instructions from a the Fund, the Custodian will release or cause to be released Securities held in custody to the pledgees designated in such Instructions by way of pledge or hypothecation to secure loans incurred by such the Fund with various lenders including but not limited to UMB Bank, n.a.; provided, however, that the Securities shall be released only upon payment to the Custodian of the monies borrowed, except that in cases where additional collateral is required to secure existing borrowings, further Securities may be released or delivered, or caused to be released or delivered for that purpose upon receipt of Instructions. Upon receipt of Instructions, the Custodian will pay, but only from funds available for such purpose, any such loan upon re-delivery to it of the Securities pledged or hypothecated therefor and upon surrender of the note or notes evidencing such loan. In lieu of delivering collateral to a pledgee, the Custodian, on the receipt of Instructions, shall transfer the pledged Securities to a segregated account for the benefit of the pledgee. (2) Upon receipt of Special Instructions, and execution of a separate Securities Lending Agreement, the Custodian will release securities Securities held in custody to a securities lending agent appointed by the Fund and borrower designated in such Instructions. The Custodian Instructions and may, except as otherwise provided below, deliver such Securities prior to the receipt of collateral, if any, for such borrowing, provided that, in case of loans of Securities held by a Securities System that are secured by cash collateral, the Custodian's instructions to the Securities System shall act upon Instructions from require that the Securities System deliver the Securities of the Fund and/or such agent in order to effect securities lending transactions on behalf the borrower thereof only upon receipt of the Fund. For its services in facilitating a Fund’s securities lending activities through collateral for such agent, the Custodian may receive from the agent a portion of the agent’s securities lending revenue or a fee directly from the Fundborrowing. The Custodian shall have no responsibility or liability for any losses loss arising in connection with the agent’s actions or omissions, including but not limited to from the delivery of Securities prior to the receipt of collateral. Upon receipt of Instructions and the loaned Securities, in the absence of negligence or willful misconduct on Custodian will release the part of collateral to the Custodianborrower.

Appears in 14 contracts

Samples: Custody Agreement (TFS Capital Investment Trust), Custody Agreement (TFS Capital Investment Trust), Custody Agreement (Buffalo Small Cap Fund Inc)

Pledges or Loans of Securities. (1) Upon receipt of Instructions from a Fund, the Custodian will release or cause to be released Securities held in custody to the pledgees designated in such Instructions by way of pledge or hypothecation to secure loans incurred by such Fund with various lenders including but not limited to UMB Bank, n.a.; provided, however, that the Securities shall be released only upon payment to the Custodian of the monies borrowed, except that in cases where additional collateral is required to secure existing borrowings, further Securities may be released or delivered, or caused to be released or delivered for that purpose upon receipt of Instructions. Upon receipt of Instructions, the Custodian will pay, but only from funds available for such purpose, any such loan upon re-delivery re‑delivery to it of the Securities pledged or hypothecated therefor and upon surrender of the note or notes evidencing such loan. In lieu of delivering collateral to a pledgee, the Custodian, on the receipt of Instructions, shall transfer the pledged Securities to a segregated account for the benefit of the pledgee. (2) Upon receipt of Instructions, the Custodian will release securities to a securities lending agent appointed by the Fund and designated in such Instructions. The Custodian shall act upon Instructions from the Fund and/or such agent in order to effect securities lending transactions on behalf of the Fund. For its services in facilitating a Fund’s securities lending activities through such agent, the Custodian may receive from the agent a portion of the agent’s securities lending revenue or a fee directly from the Fund. The Custodian shall have no responsibility or liability for any losses arising in connection with the agent’s actions or omissions, including but not limited to the delivery of Securities prior to the receipt of collateral, in the absence of negligence or willful misconduct on the part of the Custodian.

Appears in 12 contracts

Samples: Custody Agreement (Infinity Long/Short Equity Fund, LLC), Custody Agreement (Viking Mutual Funds), Custody Agreement (Infinity Long/Short Equity Fund, LLC)

Pledges or Loans of Securities. (1) Upon receipt of Instructions from a Fund, the Custodian will release or cause to be released Securities held in custody to the pledgees designated in such Instructions by way of pledge or hypothecation to secure loans incurred by such Fund with various lenders including but not limited to UMB Bank, n.a.; provided, however, that the Securities shall be released only upon payment to the Custodian of the monies borrowed, except that in cases where additional collateral is required to secure existing borrowings, further Securities may be released or delivered, or caused to be released or delivered for that purpose upon receipt of Instructions. Upon receipt of Instructions, the Custodian will pay, but only from funds available for such purpose, any such loan upon re-delivery to it of the Securities pledged or hypothecated therefor and upon surrender of the note or notes evidencing such loan. In lieu of delivering collateral to a pledgee, the Custodian, on the receipt of Instructions, shall transfer the pledged Securities to a segregated account for the benefit of the pledgee. (2) Upon receipt of Instructions, the Custodian will release securities to a securities lending agent appointed by the Fund and designated in such Instructions. The Custodian shall act upon Instructions from the Fund and/or such agent in order to effect securities lending transactions on behalf of the Fund. For its services in facilitating a Fund’s securities lending activities through such agent, the Custodian may receive from the agent a portion of the agent’s securities lending revenue or a fee directly from the Fund. The Custodian shall have no responsibility or liability for any losses arising in connection with the agent’s actions or omissions, including but not limited to the delivery of Securities prior to the receipt of collateral, in the absence of negligence negligence, bad faith or willful misconduct on the part of the Custodian.

Appears in 6 contracts

Samples: Custody Agreement (Gottex Multi-Asset Endowment Master Fund), Custody Agreement (Gottex Multi-Alternatives Master Fund), Custody Agreement (Gottex Multi-Alternatives Fund - II)

Pledges or Loans of Securities. (1) Upon receipt of Instructions from a Fund, the Custodian will release or cause to be released Securities held in custody to the pledgees designated in such Instructions by way of pledge or hypothecation to secure loans incurred by such Fund with various lenders including but not limited to UMB Bank, n.a.[ ]; provided, however, that the Securities shall be released only upon payment to the Custodian of the monies borrowed, except that in cases where additional collateral is required to secure existing borrowings, further Securities may be released or delivered, or caused to be released or delivered for that purpose upon receipt of Instructions. Upon receipt of Instructions, the Custodian will pay, but only from funds available for such purpose, any such loan upon re-delivery re‑delivery to it of the Securities pledged or hypothecated therefor and upon surrender of the note or notes evidencing such loan. In lieu of delivering collateral to a pledgee, the Custodian, on the receipt of Instructions, shall transfer the pledged Securities to a segregated account for the benefit of the pledgee. (2) Upon receipt of Instructions, the Custodian will release securities to a securities lending agent appointed by the Fund and designated in such Instructions. The Custodian shall act upon Instructions from the Fund and/or such agent in order to effect securities lending transactions on behalf of the Fund. For its services in facilitating a Fund’s securities lending activities through such agent, the Custodian may receive from the agent a portion of the agent’s securities lending revenue or a fee directly from the Fund. The Custodian shall have no responsibility or liability for any losses arising in connection with the agent’s actions or omissions, including but not limited to the delivery of Securities prior to the receipt of collateral, in the absence of negligence or willful misconduct on the part of the Custodian.

Appears in 5 contracts

Samples: Custody Agreement (NB Crossroads Private Markets Fund VI LP), Custody Agreement (NB Crossroads Private Markets Fund VI Advisory LP), Custody Agreement (NB Crossroads Private Markets Fund v (TI) Advisory LP)

Pledges or Loans of Securities. (1) Upon receipt of Instructions from a Fund, the Custodian will release or cause to be released Securities held in custody to the pledgees designated in such Instructions by way of pledge or hypothecation to secure loans incurred by such Fund with various lenders including but not limited to UMB Bank, n.a.; provided, however, that the Securities shall be released only upon payment to the Custodian of the monies borrowed, except that in cases where additional collateral is required to secure existing borrowings, further Securities may be released or delivered, or caused to be released or delivered for that purpose upon receipt of Instructions. Upon receipt of Instructions, the Custodian will pay, but only from funds available for such purpose, any such loan upon re-delivery re‑delivery to it of the Securities pledged or hypothecated therefor and upon surrender of the note or notes evidencing such loan. In lieu of delivering collateral to a pledgee, the Custodian, on the receipt of Instructions, shall transfer the pledged Securities to a segregated account for the benefit of the pledgee. (2) Upon receipt of Instructions, the Custodian will release securities to a securities lending agent appointed by the Fund and designated in such Instructions. The Custodian shall act upon Instructions from the Fund and/or such agent in order to effect securities lending transactions on behalf of the Fund. For its services in facilitating a Fund’s 's securities lending activities through such agent, the Custodian may receive from the agent a portion of the agent’s 's securities lending revenue or a fee directly from the Fund. The Custodian shall have no responsibility or liability for any losses arising in connection with the agent’s 's actions or omissions, including but not limited to the delivery of Securities prior to the receipt of collateral, in the absence of negligence or willful misconduct on the part of the Custodian.

Appears in 4 contracts

Samples: Custody Agreement (Aspiration Funds), Custody Agreement (Prophecy Alpha Fund I), Custody Agreement (Vertical Capital Investors Trust)

Pledges or Loans of Securities. (1) Upon receipt of Instructions from a Fund, the Custodian will release or cause to be released Securities held in custody to the pledgees designated in such Instructions by way of pledge or hypothecation to secure loans incurred by such Fund with various lenders including but not limited to UMB Bank, n.a.; provided, however, provided however that the Securities shall be released only upon payment to the Custodian of the monies borrowed, except that in cases where additional collateral is required to secure existing borrowings, further Securities may be released or delivered, or caused to be released or delivered for that purpose upon receipt of Instructions. Upon receipt of Instructions, the Custodian will pay, but only from funds available for such purpose, any such loan upon re-delivery to it of the Securities pledged or hypothecated therefor and upon surrender of the note or notes evidencing such loan. In lieu of delivering collateral to a pledgee, the Custodian, on the receipt of Instructions, shall transfer the pledged Securities to a segregated account for the benefit of the pledgee. (2) Upon receipt of Instructions, the Custodian will release securities to a securities lending agent appointed by the Fund and designated in such Instructions. The Custodian shall act upon Instructions from the Fund and/or such agent in order to effect securities lending transactions on behalf of the Fund. For its services in facilitating a Fund’s securities lending activities through such agent, the Custodian may receive from the agent a portion of the agent’s securities lending revenue or a fee directly from the Fund. The Custodian shall have no responsibility or liability for any losses arising in connection with the agent’s actions or omissions, including but not limited to the delivery of Securities prior to the receipt of collateral, in the absence of gross negligence or willful misconduct on the part of the Custodian.

Appears in 3 contracts

Samples: Custody Agreement (Versus Capital Infrastructure Income Fund), Custody Agreement (Versus Capital Multi-Manager Real Estate Income Fund LLC), Custody Agreement (Versus Capital Real Assets Fund LLC)

Pledges or Loans of Securities. (1) Upon receipt of Instructions from a Fund, the Custodian will release or cause to be released Securities held in custody to the pledgees designated in such Instructions by way of pledge or hypothecation to secure loans incurred by such Fund with various lenders including but not limited to UMB Bank, n.a.; provided, however, that the Securities shall be released only upon payment to the Custodian of the monies borrowed, except that in cases where additional collateral is required to secure existing borrowings, further Securities may be released or delivered, or caused to be released or delivered for that purpose upon receipt of Instructions. Upon receipt of Instructions, the Custodian will pay, but only from funds available for such purpose, any such loan upon re-delivery to it of the Securities pledged or hypothecated therefor and upon surrender of the note or notes evidencing such loan. In lieu of delivering collateral to a pledgee, the Custodian, on the receipt of Instructions, shall transfer the pledged Securities to a segregated account for the benefit of the pledgee. (2) Upon receipt of Instructions, the Custodian will release securities to a securities lending agent appointed by the Fund and designated in such Instructions. The Custodian shall act upon Instructions from the Fund and/or such agent in order to effect securities lending transactions on behalf of the Fund. For its services in facilitating a Fund’s 's securities lending activities through such agent, the Custodian may receive from the agent a portion of the agent’s 's securities lending revenue or a fee directly from the Fund. The Custodian shall have no responsibility or liability for any losses arising in connection with the agent’s 's actions or omissions, including but not limited to the delivery of Securities prior to the receipt of collateral, in the absence of negligence or willful misconduct on the part of the Custodian.

Appears in 3 contracts

Samples: Custody Agreement (Amana Mutual Funds Trust), Custody Agreement (Saturna Investment Trust), Custody Agreement (Vericimetry Funds)

Pledges or Loans of Securities. (1) Upon receipt of Instructions from a the Fund, the Custodian will release or cause to be released Securities held in custody to the pledgees designated in such Instructions by way of pledge or hypothecation to secure loans incurred by such the Fund with various lenders including but not limited to UMB Bank, n.a.; provided, however, that the Securities shall be released only upon payment to the Custodian of the monies borrowed, except that in cases where additional collateral is required to secure existing borrowings, further Securities may be released or delivered, or caused to be released or delivered for that purpose upon receipt of Instructions. Upon receipt of Instructions, the Custodian will pay, but only from funds available for such purpose, any such loan upon re-delivery to it of the Securities pledged or hypothecated therefor and upon surrender of the note or notes evidencing such loan. In lieu of delivering collateral to a pledgee, the Custodian, on the receipt of Instructions, shall transfer the pledged Securities to a segregated account for the benefit of the pledgee. (2) Upon receipt of Instructions, the Custodian will release securities to a securities lending agent appointed by the Fund and designated in such Instructions. The Custodian shall act upon Instructions from the Fund and/or such agent in order to effect securities lending transactions on behalf of the Fund. For its services in facilitating a Fund’s securities lending activities through such agent, the Custodian may receive from the agent a portion of the agent’s securities lending revenue or a fee directly from the Fund. The Custodian shall have no responsibility or liability for any losses arising in connection with the agent’s actions or omissions, including but not limited to the delivery of Securities prior to the receipt of collateral, in the absence of negligence the Custodian’s or its employees’ material breach of this Agreement, gross negligence, bad faith, fraud, or willful misconduct on the part of or the Custodian’s or its employees’ reckless disregard of its duties under this Agreement .

Appears in 3 contracts

Samples: Custody Agreement (FS MVP Private Markets Fund), Custody Agreement (MVP Private Markets Fund), Custody Agreement (MVP Private Markets Fund)

Pledges or Loans of Securities. (1) Upon receipt of Instructions from a the Fund, the Custodian will release or cause to be released Securities held in custody to the pledgees designated in such Instructions by way of pledge or hypothecation to secure loans incurred by such Fund a Portfolio with various lenders including but not limited to UMB Bank, n.a.; provided, however, that the Securities shall be released only upon payment to the Custodian of the monies borrowed, except that in cases where additional collateral is required to secure existing borrowings, further Securities may be released or delivered, or caused to be released or delivered for that purpose upon receipt of Instructions. Upon receipt of Instructions, the Custodian will pay, but only from funds available for such purpose, any such loan upon re-delivery to it of the Securities pledged or hypothecated therefor and upon surrender of the note or notes evidencing such loan. In lieu of delivering collateral to a pledgee, the Custodian, on the receipt of Instructions, shall transfer the pledged Securities to a segregated account for the benefit of the pledgee. (2) Upon receipt of Special Instructions, and execution of a separate Securities Lending Agreement, the Custodian will release securities Securities held in custody to a securities lending agent appointed by the Fund and borrower designated in such Instructions. The Custodian Instructions and may, except as otherwise provided below, deliver such Securities prior to the receipt of collateral, if any, for such borrowing, provided that, in case of loans of Securities held by a Securities System that are secured by cash collateral, the Custodian's instructions to the Securities System shall act upon Instructions from require that the Fund and/or such agent in order to effect securities lending transactions on behalf Securities System deliver the Securities of the Fund. For its services in facilitating a Fund’s securities lending activities through such agent, appropriate Portfolio to the Custodian may receive from the agent a portion borrower thereof only upon receipt of the agent’s securities lending revenue or a fee directly from the Fundcollateral for such borrowing. The Custodian shall have no responsibility or liability for any losses loss arising in connection with the agent’s actions or omissions, including but not limited to from the delivery of Securities prior to the receipt of collateral. Upon receipt of Instructions and the loaned Securities, in the absence of negligence or willful misconduct on Custodian will release the part of collateral to the Custodianborrower.

Appears in 3 contracts

Samples: Custody Agreement (Avalon Funds Inc), Custody Agreement (Fairholme Funds Inc), Custody Agreement (Electric City Funds Inc)

Pledges or Loans of Securities. (1) Upon receipt of Instructions from a FundFund Company, the Custodian will release or cause to be released Securities held in custody to the pledgees designated in such Instructions by way of pledge or hypothecation to secure loans incurred by such Fund Company with various lenders including but not limited to UMB Bank, n.a.the Custodian; provided, however, that the Securities shall be released only upon payment to the Custodian of the monies borrowed, except that in cases where additional collateral is required to secure existing borrowings, further Securities may be released or delivered, or caused to be released or delivered for that purpose upon receipt of Instructions. Upon receipt of Instructions, the Custodian will pay, but only from funds available for such purpose, any such loan upon re-delivery to it of the Securities pledged or hypothecated therefor and upon surrender of the note or notes evidencing such loan. In lieu of delivering collateral to a pledgee, the Custodian, on the receipt of Instructions, shall transfer the pledged Securities to a segregated account for the benefit of the pledgee. (2) Upon receipt of Special Instructions, and execution of a separate Securities Lending Agreement, the Custodian will release securities Securities held in custody to a securities lending agent appointed by the Fund and borrower designated in such Instructions. The Custodian Instructions and may, except as otherwise provided below, deliver such Securities prior to the receipt of collateral, if any, for such borrowing, provided that, in case of loans of Securities held by a Securities System that are secured by cash collateral, the Custodian's instructions to the Securities System shall act upon Instructions from require that the Fund and/or such agent in order to effect securities lending transactions on behalf Securities System deliver the Securities of the Fund. For its services in facilitating a Fund’s securities lending activities through such agent, appropriate Fund to the Custodian may receive from the agent a portion borrower thereof only upon receipt of the agent’s securities lending revenue or a fee directly from the Fundcollateral for such borrowing. The Custodian shall have no responsibility or liability for any losses loss arising in connection with the agent’s actions or omissions, including but not limited to from the delivery of Securities prior to the receipt of collateral. Upon receipt of Instructions and the loaned Securities, in the absence of negligence or willful misconduct on Custodian will release the part of collateral to the Custodianborrower.

Appears in 3 contracts

Samples: Custody Agreement (Tci Portfolios Inc), Custody Agreement (Twentieth Century Strategic Portfolios Inc /Mo/), Custody Agreement (Twentieth Century World Investors Inc)

Pledges or Loans of Securities. (1) Upon receipt of Instructions from a FundInstructions, the Custodian will release (or cause to be released released) Securities held in custody to the pledgees designated in such Instructions by way of pledge or hypothecation to secure loans incurred by such Fund with various lenders including but not limited to UMB Bank, n.a.n. a.; provided, however, provided however that the Securities shall be released only upon payment to the Custodian of the monies borrowed, except that in cases where additional collateral is required to secure existing borrowings, further Securities may be released or delivered, delivered (or caused to be released or delivered delivered) for that purpose upon receipt of Instructions. Upon receipt of Instructions, the Custodian will pay, but only pay (from funds available for such purpose, ) any such loan upon re-delivery to it of the Securities pledged or hypothecated therefor and upon surrender of the note or notes evidencing such loan. In lieu of delivering collateral to a pledgee, the CustodianCustodian shall, on the receipt of Instructions, shall transfer the pledged Securities to a segregated account for the benefit of the pledgee. (2) Upon receipt of Instructions, the Custodian will release securities to a securities lending agent appointed by the a Fund and designated in such Instructions. The Custodian shall act upon Instructions from the Fund and/or such agent in order to effect securities lending transactions on behalf of the Fund. For its services in facilitating a Fund’s securities lending activities through such agent, the Custodian may receive from the agent a portion of the agent’s securities lending revenue or a fee directly from the such Fund. The Custodian shall have no responsibility or liability for any losses arising in connection with the agent’s actions or omissions, including but not limited to the delivery of Securities prior to the receipt of collateral, in the absence of gross negligence or willful misconduct on the part of the Custodian.

Appears in 2 contracts

Samples: Custody Agreement (Privacore PCAAM Alternative Income Fund), Custody Agreement (Privacore PCAAM Alternative Growth Fund)

Pledges or Loans of Securities. (1) Upon receipt of Instructions from a Fund, the Custodian will release or cause transfer pledged Securities to be released Securities held in custody to a segregated account for the pledgees benefit of the pledgee designated in such Instructions by way of pledge or hypothecation to secure loans incurred by such Fund with various lenders including but not limited to UMB Bank, n.a.; provided, however, that the Securities shall be released pledged only upon payment or in contemplation of payment to the Custodian of the monies borrowed, except that in cases where additional collateral is required to secure existing borrowings, further Securities may be released or delivered, or caused to be released or delivered pledged for that purpose upon receipt of Instructions. Upon receipt of Instructions, the Custodian will pay, but only from funds available for such purpose, any such loan upon re-delivery to it of the Securities pledged or hypothecated therefor and upon surrender of the note or notes evidencing such loan. In lieu of delivering collateral to a pledgee, the Custodian, on the receipt of Instructions, shall transfer the pledged Securities to a segregated account for the benefit of the pledgee. (2) Upon receipt of Instructions, the Custodian will release securities to a securities lending agent appointed by the relevant Fund and designated in such Instructions. The Custodian shall act upon Instructions from the relevant Fund and/or such agent in order to effect securities lending transactions on behalf of the Fund. For its services in facilitating a Fund’s securities lending activities through such agent, the Custodian may receive from the agent a portion of the agent’s securities lending revenue or a fee directly from the relevant Fund. The Custodian shall have no responsibility or liability for any losses arising in connection with the agent’s actions or omissions, including but not limited to the delivery of Securities prior to the receipt of collateral, in the absence of negligence or willful misconduct on the part of the Custodian.

Appears in 2 contracts

Samples: Custody Agreement (Predex), Custody Agreement (USQ Core Real Estate Fund)

Pledges or Loans of Securities. (1) Upon receipt of Instructions from a the Fund, the Custodian will release or cause to be released Securities held in custody to the pledgees designated in such Instructions by way of pledge or hypothecation to secure loans incurred by such the Fund with various lenders including but not limited to UMB Bank, n.a.; provided, however, that the Securities shall be released only upon payment to the Custodian of the monies borrowed, except that in cases where additional collateral is required to secure existing borrowings, further Securities may be released or delivered, or caused to be released or delivered for that purpose upon receipt of Instructions. Upon receipt of Instructions, the Custodian will pay, but only from funds available for such purpose, any such loan upon re-delivery to it the Custodian of the Securities pledged or hypothecated therefor and upon surrender of the note or notes evidencing such loan. In lieu of delivering collateral to a pledgee, the Custodian, on the receipt of Instructions, shall transfer the pledged Securities to a segregated account for the benefit of the pledgee. (2) Upon receipt of Instructions, the Custodian will release securities to a securities lending agent appointed by the Fund and designated in such Instructions. The Custodian shall act upon Instructions from the Fund and/or such agent in order to effect securities lending transactions on behalf of the Fund. For its services in facilitating a the Fund’s securities lending activities through such agent, the Custodian may receive from the agent a portion of the agent’s securities lending revenue or a fee directly from the Fund. The Custodian shall have no responsibility or liability for any losses arising in connection with the agent’s actions or omissions, including but not limited to the delivery of Securities prior to the receipt of collateral, in the absence of negligence or willful misconduct on the part of the Custodian.

Appears in 2 contracts

Samples: Custody Agreement (FEG Equity Access Fund LLC), Custody Agreement (Feg Absolute Access Tei Fund LLC)

Pledges or Loans of Securities. (1) Upon receipt of Instructions from a Fund, the Custodian will release or cause to be released Securities held in custody to the pledgees designated in such Instructions by way of pledge or hypothecation to secure loans incurred by such Fund with various lenders including but not limited to UMB Bank, n.a.N.A.; provided, however, that the Securities shall be released only upon payment to the Custodian of the monies borrowed, except that in cases where additional collateral is required to secure existing borrowings, further Securities may be released or delivered, or caused to be released or delivered for that purpose upon receipt of Instructions. Upon receipt of Instructions, the Custodian will pay, but only from funds available for such purpose, any such loan upon re-delivery to it of the Securities pledged or hypothecated therefor and upon surrender of the note or notes evidencing such loan. In lieu of delivering collateral to a pledgee, the Custodian, on the receipt of Instructions, shall transfer the pledged Securities to a segregated account for the benefit of the pledgee. (2) Upon receipt of Special Instructions, and execution of a separate Securities Lending Agreement, the Custodian will release securities Securities held in custody to a securities lending agent appointed by the Fund and borrower designated in such Instructions. The Custodian Instructions and may, except as otherwise provided below, deliver such Securities prior to the receipt of collateral, if any, for such borrowing, provided that, in case of loans of Securities held by a Securities System that are secured by cash collateral, the Custodian's instructions to the Securities System shall act upon Instructions from require that the Fund and/or such agent in order to effect securities lending transactions on behalf Securities System deliver the Securities of the Fund. For its services in facilitating a Fund’s securities lending activities through such agent, appropriate Fund to the Custodian may receive from the agent a portion borrower thereof only upon receipt of the agent’s securities lending revenue or a fee directly from the Fundcollateral for such borrowing. The Custodian shall have no responsibility or liability for any losses loss arising in connection with the agent’s actions or omissions, including but not limited to from the delivery of Securities prior to the receipt of collateral. Upon receipt of Instructions and the loaned Securities, in the absence of negligence or willful misconduct on Custodian will release the part of collateral to the Custodianborrower.

Appears in 2 contracts

Samples: Custody Agreement (Sparx Funds Trust), Custody Agreement (Profunds)

Pledges or Loans of Securities. (1) Upon receipt of Instructions from a the Fund, the Custodian will release or cause to be released Securities held in custody to the pledgees designated in such Instructions by way of pledge or hypothecation to secure loans incurred by such the Fund with various lenders including but not limited to UMB Bank, n.a.; provided, however, that the Securities shall be released only upon payment to the Custodian of the monies borrowed, except that in cases where additional collateral is required to secure existing borrowings, further Securities may be released or delivered, or caused to be released or delivered for that purpose upon receipt of InstructionsInstructions to do so. Upon receipt of InstructionsInstructions to do so, the Custodian will pay, but only from funds available for such purpose, any such loan upon re-delivery to it of the Securities pledged or hypothecated therefor and upon surrender of the note or notes evidencing such loan. In lieu of delivering collateral to a pledgee, the Custodian, on the receipt of InstructionsInstructions to do so, shall transfer the pledged Securities to a segregated account for the benefit of the pledgee. (2) Upon receipt of Instructions, and the execution of a separate Securities Lending Agreement, the Custodian will release securities Securities held in custody to a securities lending agent appointed by the Fund and borrower designated in such Instructions. The Custodian Instructions and may, except as otherwise provided below, deliver such Securities prior to the receipt of collateral, if any, for such borrowing, provided that, in case of loans of Securities held by a Securities System that are secured by cash collateral, the Custodian's instructions to the Securities System shall act upon Instructions from require that the Securities System deliver the Securities of the Fund and/or such agent in order to effect securities lending transactions on behalf the borrower thereof only upon receipt of the Fund. For its services in facilitating a Fund’s securities lending activities through collateral for such agent, the Custodian may receive from the agent a portion of the agent’s securities lending revenue or a fee directly from the Fundborrowing. The Custodian shall have no responsibility or liability for any losses loss arising in connection with the agent’s actions or omissions, including but not limited to from the delivery of Securities prior to the receipt of collateral. Upon receipt of Instructions and the loaned Securities, in the absence of negligence or willful misconduct on Custodian will release the part of collateral to the Custodianborrower.

Appears in 2 contracts

Samples: Custody Agreement (Partners Group Private Equity (Institutional TEI), LLC), Custody Agreement (Partners Group Private Equity (TEI), LLC)

Pledges or Loans of Securities. (1) Upon receipt of Instructions from a the Fund, the Custodian will release or cause to be released Securities held in custody to the pledgees designated in such Instructions by way of pledge or hypothecation to secure loans incurred by such the Fund with various lenders including but not limited to UMB United Missouri Bank, n.a.; provided, however, that the Securities shall be released only upon payment to the Custodian of the monies borrowed, except that in cases where additional collateral is required to secure existing borrowings, further Securities may be released or delivered, or caused to be released or delivered for that purpose upon receipt of Instructions. Upon receipt of Instructions, the Custodian will pay, but only from funds available for such purpose, any such loan upon re-delivery to it of the Securities pledged or hypothecated therefor and upon surrender of the note or notes evidencing such loan. In lieu of delivering collateral to a pledgee, the Custodian, on the receipt of Instructions, shall transfer the pledged Securities to a segregated account for the benefit of the pledgee. (2) Upon receipt of Special Instructions, and execution of a separate Securities Lending Agreement, the Custodian will release securities Securities held in custody to a securities lending agent appointed by the Fund and borrower designated in such Instructions. The Custodian Instructions and may, except as otherwise provided below, deliver such Securities prior to the receipt of collateral, if any, for such borrowing, provided that, in case of loans of Securities held by a Securities System that are secured by cash collateral, the Custodian's instructions to the Securities System shall act upon Instructions from require that the Securities System deliver the Securities of the Fund and/or such agent in order to effect securities lending transactions on behalf the borrower thereof only upon receipt of the Fund. For its services in facilitating a Fund’s securities lending activities through collateral for such agent, the Custodian may receive from the agent a portion of the agent’s securities lending revenue or a fee directly from the Fundborrowing. The Custodian shall have no responsibility or liability for any losses loss arising in connection with the agent’s actions or omissions, including but not limited to from the delivery of Securities prior to the receipt of collateral. Upon receipt of Instructions and the loaned Securities, in the absence of negligence or willful misconduct on Custodian will release the part of collateral to the Custodianborrower.

Appears in 2 contracts

Samples: Custody Agreement (Chapman Funds Inc), Custody Agreement (Dem Inc)

Pledges or Loans of Securities. (1) Upon receipt of Instructions from a the Fund, the Custodian will release or cause to be released Securities held in custody to the pledgees designated in such Instructions by way of pledge or hypothecation to secure loans incurred by such the Fund with various lenders including but not limited to UMB Bank, n.a.; provided, however, that the Securities shall be released only upon payment to the Custodian of the monies borrowed, except that in cases where additional collateral is required to secure existing borrowings, further Securities may be released or delivered, or caused to be released or delivered for that purpose upon receipt of Instructions. Upon receipt of Instructions, the Custodian will pay, but only from funds available for such purpose, any such loan upon re-delivery to it of the Securities pledged or hypothecated therefor and upon surrender of the note or notes evidencing such loan. In lieu of delivering collateral to a pledgee, the Custodian, on the receipt of Instructions, shall transfer the pledged Securities to a segregated account for the benefit of the pledgee. (2) Upon receipt of Instructions, the Custodian will release securities to a securities lending agent appointed by the Fund and designated in such Instructions. The Custodian shall act upon Instructions from the Fund and/or such agent in order to effect securities lending transactions on behalf of the Fund. For its services in facilitating a the Fund’s securities lending activities through such agent, the Custodian Custodian, may receive from the agent a portion of the agent’s securities lending revenue or a fee directly from the Fund. The Custodian shall have no responsibility or liability for any losses arising in connection with the agent’s actions or omissions, including but not limited to the delivery of Securities prior to the receipt of collateral, in the absence of negligence or willful misconduct on the part of the Custodian.

Appears in 2 contracts

Samples: Custody Agreement (Broadstone Real Estate Access Fund), Custody Agreement (Broadstone Real Estate Access Fund, Inc.)

Pledges or Loans of Securities. (1) Upon receipt of Instructions from a Fund, the Custodian will release or cause to be released Securities held in custody to the pledgees designated in such Instructions by way of pledge or hypothecation to secure loans incurred by such Fund with various lenders including but not limited to UMB Bank, n.a.; provided, however, that the Securities shall be released only upon payment to the Custodian of the monies borrowed, except that in cases where additional collateral is required to secure existing borrowings, further Securities may be released or delivered, or caused to be released or delivered for that purpose upon receipt of Instructions. Upon receipt of Instructions, the Custodian will pay, but only from funds available for such purpose, any such loan upon re-delivery to it of the Securities pledged or hypothecated therefor and upon surrender of the note or notes evidencing such loan. In lieu of delivering collateral to a pledgee, the Custodian, on the receipt of Instructions, shall transfer the pledged Securities to a segregated account for the benefit of the pledgee. (2) Upon receipt of Instructions, the Custodian will release securities to a securities lending agent appointed by the Fund and designated in such Instructions. The Custodian shall act upon Instructions from the Fund and/or such agent in order to effect securities lending transactions on behalf of the Fund. For its services in facilitating a Fund’s securities lending activities through such agent, the Custodian may receive from the agent a portion of the agent’s securities lending revenue or a fee directly from the Fund. The Custodian shall have no responsibility or liability for any losses arising in connection with the agent’s actions or omissions, including but not limited to the delivery of Securities prior to the receipt of collateral, in the absence of fraud, negligence or willful misconduct on the part of the Custodian.

Appears in 2 contracts

Samples: Custody Agreement (Cantor Fitzgerald Sustainable Infrastructure Fund), Custody Agreement (Cantor Select Portfolios Trust)

Pledges or Loans of Securities. (1) Upon receipt of Instructions from a Fundthe Company, the Custodian will release or cause to be released Securities held in custody to the pledgees designated in such Instructions by way of pledge or hypothecation to secure loans incurred by such Fund the Company with various lenders including but not limited to UMB Bank, n.a.; provided, however, that the Securities shall be released only upon payment to the Custodian of the monies borrowed, except that in cases where additional collateral is required to secure existing borrowings, further Securities may be released or delivered, or caused to be released or delivered for that purpose upon receipt of Instructions. Upon receipt of Instructions, the Custodian will pay, but only from funds available for such purpose, any such loan upon re-delivery re‑delivery to it of the Securities pledged or hypothecated therefor and upon surrender of the note or notes evidencing such loan. In lieu of delivering collateral to a pledgee, the Custodian, on the receipt of Instructions, shall transfer the pledged Securities to a segregated account for the benefit of the pledgee. (2) Upon receipt of Instructions, the Custodian will release securities to a securities lending agent appointed by the Fund Company and designated in such Instructions. The Custodian shall act upon Instructions from the Fund Company and/or such agent in order to effect securities lending transactions on behalf of the FundCompany. For its services in facilitating a Fundthe Company’s securities lending activities through such agent, the Custodian may receive from the agent a portion of the agent’s securities lending revenue or a fee directly from the FundCompany. The Custodian shall have no responsibility or liability for any losses arising in connection with the agent’s actions or omissions, including but not limited to the delivery of Securities prior to the receipt of collateral, in the absence of negligence or willful misconduct on the part of the Custodian.

Appears in 1 contract

Samples: Custody Agreement (CIM Real Assets & Credit Fund)

Pledges or Loans of Securities. (1) Upon receipt of Instructions from the Trust for a Fund, the Custodian will release or cause to be released Securities held in custody to the pledgees designated in such Instructions by way of pledge or hypothecation to secure loans incurred by such Fund with various lenders including but not limited to UMB Bank, n.a.; provided, however, that the Securities shall be released only upon payment to the Custodian of the monies borrowed, except that in cases where additional collateral is required to secure existing borrowings, further Securities may be released or delivered, or caused to be released or delivered for that purpose upon receipt of Instructions. Upon receipt of Instructions, the Custodian will pay, but only from funds available for such purpose, any such loan upon re-delivery to it of the Securities pledged or hypothecated therefor and upon surrender of the note or notes evidencing such loan. In lieu of delivering collateral to a pledgee, the Custodian, on the receipt of Instructions, shall transfer the pledged Securities to a segregated account for the benefit of the pledgee. (2) Upon receipt of Special Instructions, and execution of a separate Securities Lending Agreement, the Custodian will release securities Securities held in custody to a securities lending agent appointed by the Fund and borrower designated in such Instructions. The Custodian Instructions and may, except as otherwise provided below, deliver such Securities prior to the receipt of collateral, if any, for such borrowing, provided that, in case of loans of Securities held by a Securities System that are secured by cash collateral, the Custodian's instructions to the Securities System shall act upon Instructions from require that the Fund and/or such agent in order to effect securities lending transactions on behalf Securities System deliver the Securities of the Fund. For its services in facilitating a Fund’s securities lending activities through such agent, appropriate Fund to the Custodian may receive from the agent a portion borrower thereof only upon receipt of the agent’s securities lending revenue or a fee directly from the Fundcollateral for such borrowing. The Custodian shall have no responsibility or liability for any losses loss arising in connection with the agent’s actions or omissions, including but not limited to from the delivery of Securities prior to the receipt of collateral. Upon receipt of Instructions and the loaned Securities, in the absence of negligence or willful misconduct on Custodian will release the part of collateral to the Custodianborrower.

Appears in 1 contract

Samples: Custody Agreement (Investment Managers Series Trust)

Pledges or Loans of Securities. (1) Upon receipt of Instructions from a Fund, the Custodian will release or cause to be released Securities held in custody to the pledgees designated designate in such Instructions by way of pledge or hypothecation to secure loans incurred by such Fund with various lenders including but not limited to UMB Bank, n.a.; provided, however, that the Securities shall be released only upon payment to the Custodian of the monies borrowed, except that in cases where additional collateral is required to secure existing borrowings, further Securities may be released or delivered, or caused to be released or delivered for that purpose upon receipt of Instructions. Upon receipt of Instructions, the Custodian will pay, but only from funds available for such purpose, any such loan upon re-delivery to it of the Securities pledged or hypothecated therefor and upon surrender of the note or notes evidencing such loan. In lieu of delivering collateral to a pledgee, the Custodian, on the receipt of Instructions, shall transfer the pledged Securities to a segregated account for the benefit of the pledgee. (2) Upon receipt of InstructionsInstructions or execution of a separate Securities Lending Agreement, the Custodian will release securities Securities held in custody to a securities lending agent appointed by the Fund and borrower designated in such Instructions. The Custodian Instructions and may, except as otherwise provided below, deliver such Securities prior to the receipt of collateral, if any, for such borrowing, provided that, in case of loans of Securities held by a Securities System that are secured by cash collateral, the Custodian's instructions to the Securities System shall act upon Instructions from require that the Fund and/or such agent in order to effect securities lending transactions on behalf Securities System deliver the Securities of the Fund. For its services in facilitating a Fund’s securities lending activities through such agent, appropriate Fund to the Custodian may receive from the agent a portion borrower thereof only upon receipt of the agent’s securities lending revenue or a fee directly from the Fundcollateral for such borrowing. The Custodian shall have no responsibility or liability for any losses loss arising in connection with the agent’s actions or omissions, including but not limited to from the delivery of Securities prior to the receipt of collateral, provided the Custodian has acted in accordance with timely Instructions. Upon receipt of Instructions and the absence of negligence or willful misconduct on loaned Securities, the part of Custodian will release the Custodiancollateral to the borrower.

Appears in 1 contract

Samples: Custody Agreement (Lend Lease Funds)

Pledges or Loans of Securities. (1) Upon receipt of Instructions from a Fund, the Custodian will release or cause to be released Securities held in custody to the pledgees designated pledges desisted in such Instructions by way of pledge or hypothecation to secure loans incurred by such Fund with various lenders including but not limited to UMB UMS Bank, n.a.; provided, however, that the Securities shall be released only upon payment to the Custodian of the monies Moines borrowed, except that in cases where additional collateral is required to secure see existing borrowings, further Securities may be released or delivered, or caused to be released or delivered for that purpose upon receipt of Instructions. Upon receipt of Instructionsinstructions, the Custodian will pay, but only from funds available for such purpose, any such loan upon re-delivery to it of the Securities pledged or hypothecated therefor and upon surrender of the note or notes evidencing such loan. In lieu of delivering collateral to a pledgeepledge, the Custodian, on the receipt of Instructions, shall transfer the pledged Securities to a segregated account for the benefit of the pledgeepledge. (2) Upon receipt of Special Instructions, and execution of a separate Securities Lending Agreement, the Custodian will release securities Securities held in custody to a securities lending agent appointed by the Fund and borrower designated in such InstructionsInstructions and may. The Custodian except as otherwise provided below, deliver such Securities prior to the receipt of collateral, if any, for such borrowing, provided that, in cue of loans of Securities held by a Securities System that are secured by cash collateral, the Custodian’s instructions to the Securities System shall act upon Instructions from require that the Fund and/or such agent in order to effect securities lending transactions on behalf Securities System deliver the Securities of the Fund. For its services in facilitating a Fund’s securities lending activities through such agent, appropriate Fund to the Custodian may receive from the agent a portion borrower thereof only upon receipt of the agent’s securities lending revenue or a fee directly from the Fundcollateral for such borrowing. The Custodian shall have no responsibility or liability for any losses loss arising in connection with the agent’s actions or omissions, including but not limited to from the delivery of Securities prior to the receipt of collateralcollateral tinder the circumstances set forth in this paragraph. Upon receipt of Instructions and the loaned Securities, in the absence of negligence or willful misconduct on Custodian will release the part of collateral to the Custodianborrower.

Appears in 1 contract

Samples: Custody Agreement (Profunds)

Pledges or Loans of Securities. (1) Upon receipt of Instructions from a the Fund, the Custodian will release or cause to be released Securities held in custody to the pledgees designated in such Instructions by way of pledge or hypothecation to secure loans incurred by such the Fund with various lenders including but not limited to UMB Bank, n.a.; provided, however, that the Securities shall be released only upon payment to the Custodian of the monies borrowed, except that in cases where additional collateral is required to secure existing borrowings, further Securities may be released or delivered, or caused to be released or delivered for that purpose upon receipt of Instructions. Upon receipt of Instructions, the Custodian will pay, but only from funds available for such purpose, any such loan upon re-delivery to it of the Securities pledged or hypothecated therefor and upon surrender of the note or notes evidencing such loan. In lieu of delivering collateral to a pledgee, the Custodian, on the receipt of Instructions, shall transfer the pledged Securities to a segregated account for the benefit of the pledgee. (2) Upon receipt of Instructions, the Custodian will release securities to a securities lending agent appointed by the Fund and designated in such Instructions. The Custodian shall act upon Instructions from the Fund and/or such agent in order to effect securities lending transactions on behalf of the Fund. For its services in facilitating a Fund’s securities lending activities through such agent, the Custodian may receive from the agent a portion of the agent’s securities lending revenue or a fee directly from the Fund. The Custodian shall have no responsibility or liability for any losses arising in connection with the agent’s actions or omissions, including but not limited to the delivery of Securities prior to the receipt of collateral, in the absence of negligence the Custodian’s or its employees’ material breach of this Agreement, gross negligence, bad faith, fraud, or willful misconduct on the part of or the Custodian.’s or its employees’ reckless disregard of its duties under this Agreement ..

Appears in 1 contract

Samples: Custody Agreement (FS MVP Private Markets Fund)

Pledges or Loans of Securities. (1) Upon receipt of Instructions from a Fund, the Custodian will release or cause to be released Securities held in custody to the pledgees designated in such Instructions by way of pledge or hypothecation (to the extent any such pledge or hypothecation is permitted by applicable law) to secure loans incurred by such Fund with various lenders including but not limited to UMB Bank, n.a.; provided, however, that the Securities shall be released only upon payment to the Custodian of the monies borrowed, except that in cases where additional collateral is required to secure existing borrowings, further Securities may be released or delivered, or caused to be released or delivered for that purpose upon receipt of Instructions. Upon receipt of Instructions, the Custodian will pay, but only from funds available for such purpose, any such loan upon re-delivery to it of the Securities pledged or hypothecated therefor and upon surrender of the note or notes evidencing such loan. In lieu of delivering collateral to a pledgee, the Custodian, on the receipt of Instructions, shall transfer the pledged Securities to a segregated account for the benefit of the pledgee. (2) Upon receipt of Instructions, the Custodian will release securities to a securities lending agent appointed by the Fund and designated in such Instructions. The Custodian shall act upon Instructions from the Fund and/or such agent in order to effect securities lending transactions on behalf of the Fund. For its services in facilitating a Fund’s securities lending activities through such agent, the Custodian may receive from the agent a portion of the agent’s securities lending revenue or a fee directly from the Fund. The Custodian shall have no responsibility or liability for any losses arising in connection with the agent’s actions or omissions, including but not limited to the delivery of Securities prior to the receipt of collateral, in the absence of negligence or willful misconduct on the part of the Custodian.

Appears in 1 contract

Samples: Custody Agreement (Green Century Funds)

Pledges or Loans of Securities. (1) Upon receipt of Instructions from a Fund, the Custodian will release or cause to be released Securities held in custody to the pledgees designated in such Instructions by way of pledge or hypothecation to secure loans incurred by such Fund with various lenders including but not limited to UMB Bank, n.a.the Custodian; provided, however, that the Securities shall be released only upon payment to the Custodian of the monies borrowed, except that in cases where additional collateral is required to secure existing borrowings, further Securities may be released or delivered, or caused to be released or delivered for that purpose upon receipt of Special Instructions. Upon receipt of Instructions, the Custodian will pay, but only from funds available for such purpose, any such loan upon re-delivery to it of the Securities pledged or hypothecated therefor and upon surrender of the note or notes evidencing such loan. In lieu of delivering collateral to a pledgee, the Custodian, on the receipt of Instructions, shall transfer the pledged Securities to a segregated account for the benefit of the pledgee. (2) Upon receipt of Instructions~, and execution of a separate Securities Lending Agreement, the Custodian will release securities Securities held in custody to a securities lending agent appointed by the Fund and borrower designated in borrowed Instructions and may, except as otherwise provided below, deliver such Instructions. The Custodian Securities prior to the receipt of collateral, if any, for such borrowing, provided that, in case of loans of Securities held by a Securities System that are secured by cash collateral, the Custodian's instructions to the Securities System shall act upon Instructions from require that the Fund and/or such agent in order to effect securities lending transactions on behalf Securities System deliver the Securities of the Fund. For its services in facilitating a Fund’s securities lending activities through such agent, appropriate Fund to the Custodian may receive from the agent a portion borrower thereof only upon receipt of the agent’s securities lending revenue or a fee directly from the Fundcollateral for such borrowing. The Custodian shall have no responsibility or liability for any losses loss arising in connection with the agent’s actions or omissions, including but not limited to from the delivery of Securities securities prior to the receipt of collateral. Upon receipt of Instructions and the loaned Securities, in the absence of negligence or willful misconduct on Custodian will release the part of collateral to the Custodianborrower.

Appears in 1 contract

Samples: Custody Agreement (Janus Investment Fund)

Pledges or Loans of Securities. (1) Upon receipt of Instructions from a the Fund, the Custodian will release or cause transfer pledged Securities to be released Securities held in custody to a segregated account for the pledgees benefit of the pledgee designated in such Instructions by way of pledge or hypothecation to secure loans incurred by such Fund with various lenders including but not limited to UMB Bank, n.a.; provided, however, that the Securities shall be released pledged only upon payment or in contemplation of payment to the Custodian of the monies borrowed, except that in cases where additional collateral is required to secure existing borrowings, further Securities may be released or delivered, or caused to be released or delivered pledged for that purpose upon receipt of Instructions. Upon receipt of Instructions, the Custodian will pay, but only from funds available for such purpose, any such loan upon re-delivery to it of the Securities pledged or hypothecated therefor and upon surrender of the note or notes evidencing such loan. In lieu of delivering collateral to a pledgee, the Custodian, on the receipt of Instructions, shall transfer the pledged Securities to a segregated account for the benefit of the pledgee. (2) Upon receipt of Instructions, the Custodian will release securities to a securities lending agent appointed by the Fund and designated in such Instructions. The Custodian shall act upon Instructions from the Fund and/or such agent in order to effect securities lending transactions on behalf of the Fund. For its services in facilitating a the Fund’s securities lending activities through such agent, the Custodian may receive from the agent a portion of the agent’s securities lending revenue or a fee directly from the Fund. The Custodian shall have no responsibility or liability for any losses arising in connection with the agent’s actions or omissions, including but not limited to the delivery of Securities prior to the receipt of collateral, in the absence of negligence or willful misconduct on the part of the Custodian.

Appears in 1 contract

Samples: Custody Agreement (Predex)

Pledges or Loans of Securities. (1) Upon receipt of Instructions from a Fund, the Custodian will release or cause to be released Securities held in custody to the pledgees designated in such Instructions by way of pledge or hypothecation to secure loans incurred by such Fund with various lenders including but not limited to UMB Bank, n.a.; provided, however, that the Securities shall be released only upon payment to the Custodian of the monies borrowed, except that in cases where additional collateral is required to secure existing borrowings, further Securities may be released or delivered, or caused to be released or delivered for that purpose upon receipt of Instructions. Upon receipt of Instructions, the Custodian will pay, but only from funds available for such purpose, any such loan upon re-delivery to it of the Securities pledged or hypothecated therefor and upon surrender of the note or notes evidencing such loan. In lieu of delivering collateral to a pledgee, the Custodian, on the receipt of Instructions, shall transfer the pledged Securities to a segregated account for the benefit of the pledgee. (2) Upon receipt of Instructions, the Custodian will release securities to a securities lending agent appointed by the Fund and designated in such Instructions. The Custodian shall act upon Instructions from the Fund and/or such agent in order to effect securities lending transactions on behalf of the Fund. For its services in facilitating a Fund’s securities lending activities through such agent, the Custodian may receive from the agent a portion of the agent’s securities lending revenue or a fee directly from the Fund. The Custodian shall have no responsibility or liability for any losses arising in connection with the agent’s actions or omissions, including but not limited to the delivery of Securities prior to the receipt of collateral, in the absence of bad faith, negligence or willful misconduct on the part of the Custodian.

Appears in 1 contract

Samples: Custody Agreement (Community Development Fund)

Pledges or Loans of Securities. (1) Upon receipt of Instructions from a Fund, the Custodian will release or cause to be released Securities held in custody to the pledgees designated in such Instructions by way of pledge or hypothecation to secure loans incurred by such Fund with various lenders including but not limited to UMB Bank, n.a.n. a.; provided, however, provided however that the Securities shall be released only upon payment to the Custodian of the monies borrowed, except that in cases where additional collateral is required to secure existing borrowings, further Securities may be released or delivered, or caused to be released or delivered for that purpose upon receipt of Instructions. Upon receipt of Instructions, the Custodian will pay, but only from funds available for such purpose, any such loan upon re-delivery to it of the Securities pledged or hypothecated therefor and upon surrender of the note or notes evidencing such loan. In lieu of delivering collateral to a pledgee, the Custodian, on the receipt of Instructions, shall transfer the pledged Securities to a segregated account for the benefit of the pledgee. (2) Upon receipt of Instructions, the Custodian will release securities to a securities lending agent appointed by the Fund and designated in such Instructions. The Custodian shall act upon Instructions from the Fund and/or such agent in order to effect securities lending transactions on behalf of the Fund. For its services in facilitating a Fund’s securities lending activities through such agent, the Custodian may receive from the agent a portion of the agent’s securities lending revenue or a fee directly from the Fund. The Custodian shall have no responsibility or liability for any losses arising in connection with the agent’s actions or omissions, including but not limited to the delivery of Securities prior to the receipt of collateral, in the absence of gross negligence or willful misconduct on the part of the Custodian.

Appears in 1 contract

Samples: Custody Agreement (MA Specialty Credit Income Fund)

Pledges or Loans of Securities. (1i) Upon receipt of Instructions from a Fund, the Custodian will release or cause to be released Securities held in custody to the pledgees designated in such Instructions by way of pledge or hypothecation to secure loans incurred by such Fund with various lenders including but not limited to UMB Bank, n.a.; provided, however, that the Securities shall be released only upon payment to the Custodian of the monies borrowed, except that in cases where additional collateral is required to secure existing borrowings, further Securities may be released or delivered, or caused to be released or delivered for that purpose upon receipt of Instructions. Upon receipt of Instructions, the Custodian will pay, but only from funds available for such purpose, any such loan upon re-delivery to it of the Securities pledged or hypothecated therefor and upon surrender of the note or notes evidencing such loan. In lieu of delivering collateral to a pledgee, the Custodian, on the receipt of Instructions, shall transfer the pledged Securities to a segregated account for the benefit of the pledgee. (2ii) Upon receipt of Instructions, the Custodian will release securities to a securities lending agent appointed by the Fund and designated in such Instructions. The Custodian shall act upon Instructions from the Fund and/or such agent in order to effect securities lending transactions on behalf of the Fund. For its services in facilitating a Fund’s securities lending activities through such agent, the Custodian may receive from the agent a portion of the agent’s securities lending revenue or a fee directly from the Fund. The Custodian shall have no responsibility or liability for any losses arising in connection with the agent’s actions or omissions, including but not limited to the delivery of Securities prior to the receipt of collateral, in the absence of negligence or willful misconduct on the part of the Custodian.

Appears in 1 contract

Samples: Custody Agreement (Ares Private Markets Fund)

Pledges or Loans of Securities. (1) Upon receipt of Instructions from a Fund, the Custodian will release or cause to be released Securities held in custody to the pledgees designated in such Instructions by way of pledge or hypothecation to secure loans incurred by such Fund with various lenders including but not limited to UMB Bank, n.a.; provided, however, that the Securities shall be released only upon payment to the Custodian of the monies borrowed, except that in cases where additional collateral is required to secure existing borrowings, further Securities may be released or delivered, or caused to be released or delivered for that purpose upon receipt of Instructions. Upon receipt of Instructions, the Custodian will pay, but only from funds available for such purpose, any such loan upon re-delivery to it of the Securities pledged or hypothecated therefor and upon surrender of the note or notes evidencing such loan. In lieu of delivering collateral to a pledgee, the Custodian, on the receipt of Instructions, shall transfer the pledged Securities to a segregated account for the benefit of the pledgee.. Exhibit (g) (2) Upon receipt of Instructions, the Custodian will release securities to a securities lending agent appointed by the Trust or a Fund and designated in such Instructions. The Custodian shall act upon Instructions from the Fund and/or such agent in order to effect securities lending transactions on behalf of the Fund. For its services in facilitating a Fund’s securities lending activities through such agent, the Custodian may receive from the agent a portion of the agent’s securities lending revenue or a fee directly from the Fund. The Custodian shall have no responsibility or liability for any losses arising in connection with the agent’s actions or omissions, including but not limited to the delivery of Securities prior to the receipt of collateral, in the absence of negligence negligence, bad faith or willful misconduct on the part of the Custodian, the Custodian’s reckless disregard of its duties under this Agreement, or the Custodian’s breach of the terms of this Agreement or any contract between a Fund and the Custodian.

Appears in 1 contract

Samples: Custody Agreement (Gottex Trust)

Pledges or Loans of Securities. (1) Upon receipt of Instructions from a the Fund, the Custodian will release or cause to be released Securities held in custody to the pledgees designated in such Instructions by way of pledge or hypothecation to secure loans incurred by such the Fund with various lenders including but not limited to UMB Bank, n.a.; provided, however, that the Securities shall be released only upon payment to the Custodian of the monies borrowed, except that in cases where additional collateral is required to secure existing borrowings, further Securities may be released or delivered, or caused to be released or delivered for that purpose upon receipt of Instructions. Upon receipt of Instructions, the Custodian will pay, but only from funds available for such purpose, any such loan upon re-delivery re‑delivery to it the Custodian of the Securities pledged or hypothecated therefor and upon surrender of the note or notes evidencing such loan. In lieu of delivering collateral to a pledgee, the Custodian, on the receipt of Instructions, shall transfer the pledged Securities to a segregated account for the benefit of the pledgee. (2) Upon receipt of Instructions, the Custodian will release securities to a securities lending agent appointed by the Fund and designated in such Instructions. The Custodian shall act upon Instructions from the Fund and/or such agent in order to effect securities lending transactions on behalf of the Fund. For its services in facilitating a the Fund’s securities lending activities through such agent, the Custodian may receive from the agent a portion of the agent’s securities lending revenue or a fee directly from the Fund. The Custodian shall have no responsibility or liability for any losses arising in connection with the agent’s actions or omissions, including but not limited to the delivery of Securities prior to the receipt of collateral, in the absence of negligence or willful misconduct on the part of the Custodian.

Appears in 1 contract

Samples: Custody Agreement (FEG Directional Access TEI Fund LLC)

Pledges or Loans of Securities. (1) Upon receipt of Instructions from a Fund, the Custodian will release or cause to be released Securities held in custody to the pledgees designated in such Instructions by way of pledge or hypothecation to secure loans incurred by such Fund with various lenders including but not limited to UMB Bank, n.a.; provided, however, that the Securities shall be released only upon payment to the Custodian of the monies borrowed, except that in cases where additional collateral is required to secure existing borrowings, further Securities may be released or delivered, or caused to be released or delivered for that purpose upon receipt of Instructions. Upon receipt of Instructions, the Custodian will pay, but only from funds available for such purpose, any such loan upon re-delivery to it of the Securities pledged or hypothecated therefor and upon surrender of the note or notes evidencing such loan. In lieu of delivering collateral to a pledgee, the Custodian, on the receipt of Instructions, shall transfer the pledged Securities to a segregated account for the benefit of the pledgee. (2) Upon receipt of Instructions, the Custodian will release securities to a securities lending agent appointed by the Fund and designated in such Instructions. The Custodian shall act upon Instructions from the Fund and/or such agent in order to effect securities lending transactions on behalf of the Fund. For its services in facilitating a Fund’s securities lending activities through such agent, the Custodian may receive from the agent a portion of the agent’s securities lending revenue or a fee directly from the Fund. The Custodian shall have no responsibility or liability for any losses arising in connection with the agent’s actions or omissions, including but not limited to the delivery of Securities prior to the receipt of collateral, in the absence of negligence negligence, bad faith or willful misconduct on the part of the Custodian or the Custodian's reckless disregard of its duties under this Agreement.

Appears in 1 contract

Samples: Custody Agreement (BBR ALO Fund, LLC)

Pledges or Loans of Securities. (1) Upon receipt of Instructions from a the Fund, the Custodian will release or cause to be released Securities held in custody to the pledgees designated in such Instructions by way of pledge or hypothecation to secure loans incurred by such the Fund with various lenders including but not limited to UMB Bank, n.a.; provided, however, that the Securities shall be released only upon payment to the Custodian of the monies borrowed, except that in cases where additional collateral is required to secure existing borrowings, further Securities may be released or delivered, or caused to be released or delivered for that purpose upon receipt of Instructions. Upon receipt of Instructions, the Custodian will pay, but only from funds available for such purpose, any such loan upon re-delivery to it of the Securities pledged or hypothecated therefor and upon surrender of the note or notes evidencing such loan. In lieu of delivering collateral to a pledgee, the Custodian, on the receipt of Instructions, shall transfer the pledged Securities to a segregated account for the benefit of the pledgee. (2) Upon receipt of Special Instructions, and execution of a separate ==================== Securities Lending Agreement, the Custodian will release securities Securities held in custody to a securities lending agent appointed by the Fund and borrower designated in such Instructions. The Custodian Instructions and may, except as otherwise provided below, deliver such Securities prior to the receipt of collateral, if any, for such borrowing, provided that, in case of loans of Securities held by a Securities System that are secured by cash collateral, the Custodian's instructions to the Securities System shall act upon Instructions from require that the Securities System deliver the Securities of the Fund and/or such agent in order to effect securities lending transactions on behalf the borrower thereof only upon receipt of the Fund. For its services in facilitating a Fund’s securities lending activities through collateral for such agent, the Custodian may receive from the agent a portion of the agent’s securities lending revenue or a fee directly from the Fundborrowing. The Custodian shall have no responsibility or liability for any losses loss arising in connection with the agent’s actions or omissions, including but not limited to from the delivery of Securities prior to the receipt of collateral. Upon receipt of Instructions and the loaned Securities, in the absence of negligence or willful misconduct on Custodian will release the part of collateral to the Custodianborrower.

Appears in 1 contract

Samples: Custody Agreement (First Mutual Funds)

Pledges or Loans of Securities. (1) Upon receipt of Instructions from a Fund, the Custodian will release or cause to be released Securities held in custody to the pledgees designated in such Instructions by way of pledge or hypothecation to secure loans incurred by such Fund with various lenders including but not limited to UMB Bank, n.a.N.A.; provided, however, that the Securities shall be released only upon payment to the Custodian of the monies borrowed, except that in cases where additional collateral is required to secure existing borrowings, further Securities may be released or delivered, or caused to be released or delivered for that purpose upon receipt of Instructions. Upon receipt of Instructions, the Custodian will pay, but only from funds available for such purpose, any such loan upon re-delivery to it of the Securities pledged or hypothecated therefor and upon surrender of the note or notes evidencing such loan. In lieu of delivering collateral to a pledgee, the Custodian, on the receipt of Instructions, shall transfer the pledged Securities to a segregated account for the benefit of the pledgee. (2) Upon receipt of Instructions, the Custodian will release securities Securities held in custody to a securities lending agent appointed by the Fund and borrower designated in such Instructions. The Custodian shall act upon Instructions from the Fund and/or and may, except as otherwise provided below, deliver such agent in order to effect securities lending transactions on behalf of the Fund. For its services in facilitating a Fund’s securities lending activities through such agent, the Custodian may receive from the agent a portion of the agent’s securities lending revenue or a fee directly from the Fund. The Custodian shall have no responsibility or liability for any losses arising in connection with the agent’s actions or omissions, including but not limited to the delivery of Securities prior to the receipt of collateral, if any, for such borrowing, provided that, in case of loans of Securities held by a Securities System that are secured by cash collateral, the absence of negligence or willful misconduct on Custodian's instructions to the part Securities System shall require that the Securities System deliver the Securities of the Custodianappropriate Fund to the borrower thereof only upon receipt of the collateral for such borrowing. The Custodian shall retain on such Fund's behalf the right to any dividends, interest or distribution on such loaned Securities. Upon receipt of Instructions and the loaned Securities, the Custodian will release the collateral to the borrower.

Appears in 1 contract

Samples: Custody Agreement (Van Wagoner Funds Inc)

Pledges or Loans of Securities. (1) Upon receipt of Instructions from a Fund, the Custodian will release or cause to be released Securities held in custody to the pledgees designated in such Instructions by way of pledge or hypothecation to secure loans incurred by such Fund with various lenders including but not limited to UMB United Missouri Bank, n.a.N.A.; provided, however, that the Securities shall be released only upon payment to the Custodian of the monies borrowed, except that in cases where additional collateral is required to secure existing borrowings, further Securities may be released or delivered, or caused to be released or delivered for that purpose upon receipt of Instructions. Upon receipt of Instructions, the Custodian will pay, but only from funds available for such purpose, any such loan upon re-delivery to it of the Securities pledged or hypothecated therefor and upon surrender of the note or notes evidencing such loan. In lieu of delivering collateral to a pledgee, the Custodian, on the receipt of Instructions, shall transfer the pledged Securities to a segregated account for the benefit of the pledgee. (2) Upon receipt of Instructions, the Custodian will release securities Securities held in custody to a securities lending agent appointed by the Fund and borrower designated in such Instructions and may, pursuant to such Instructions. The Custodian shall act upon Instructions from the Fund and/or , deliver such agent in order to effect securities lending transactions on behalf of the Fund. For its services in facilitating a Fund’s securities lending activities through such agent, the Custodian may receive from the agent a portion of the agent’s securities lending revenue or a fee directly from the Fund. The Custodian shall have no responsibility or liability for any losses arising in connection with the agent’s actions or omissions, including but not limited to the delivery of Securities prior to the receipt of collateral, if any, for such borrowing; provided that, in case of loans of Securities held by a Securities System that are secured by cash collateral, the absence of negligence or willful misconduct on Custodian's instructions to the part Securities System shall require that the Securities System deliver the Securities of the Custodianappropriate Fund to the borrower thereof only upon receipt of the collateral for such borrowing. The Custodian shall retain on such Fund's behalf the right to and shall collect any dividends, interest or distribution on such loaned Securities. Upon receipt of Instructions and the loaned Securities, the Custodian will release the collateral to the borrower.

Appears in 1 contract

Samples: Custody Agreement (Colonial Trust Iv)

Pledges or Loans of Securities. (1) Upon receipt of Instructions from a the Fund, the Custodian will release or cause to be released Securities held in custody to the pledgees designated in such Instructions by way of pledge or hypothecation to secure loans incurred by such the Fund with various lenders including but not limited to UMB Bank, n.a.; provided, however, that the Securities shall be released only upon payment to the Custodian of the monies borrowed, except that in cases where additional collateral is required to secure existing borrowings, further Securities may be released or delivered, or caused to be released or delivered for that purpose upon receipt of Instructions. Upon receipt of Instructions, the Custodian will pay, but only from funds available for such purpose, any such loan upon re-delivery to it of the Securities pledged or hypothecated therefor and upon surrender of the note or notes evidencing such loan. In lieu of delivering collateral to a pledgee, the Custodian, on the receipt of Instructions, shall transfer the pledged Securities to a segregated account for the benefit of the pledgee. (2) Upon receipt of Instructions, the Custodian will release securities to a securities lending agent appointed by the Fund and designated in such Instructions. The Custodian shall act upon Instructions from the Fund and/or such agent in order to effect securities lending transactions on behalf of the Fund. For its services in facilitating a the Fund’s securities lending activities through such agent, the Custodian may receive from the agent a portion of the agent’s securities lending revenue or a fee directly from the Fund. The Custodian shall have no responsibility or liability for any losses arising in connection with the agent’s actions or omissions, including but not limited to the delivery of Securities prior to the receipt of collateral, in the absence of negligence bad faith or willful misconduct on the part of the Custodian.

Appears in 1 contract

Samples: Custody Agreement (Alti Private Equity Access & Commitments Fund)

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Pledges or Loans of Securities. (1) Upon receipt of Instructions from a Fund, the Custodian will release or cause to be released Securities held in custody to the pledgees designated in such Instructions by way of pledge or hypothecation to secure loans incurred by such the relevant Fund with various lenders including but not limited to UMB Bank, n.a.; provided, however, that the Securities shall be released only upon payment to the Custodian of the monies borrowed, except that in cases where additional collateral is required to secure existing borrowings, further Securities may be released or delivered, or caused to be released or delivered for that purpose upon receipt of InstructionsInstructions to do so. Upon receipt of InstructionsInstructions to do so, the Custodian will pay, but only from funds available for such purpose, any such loan upon re-delivery to it of the Securities pledged or hypothecated therefor and upon surrender of the note or notes evidencing such loan. In lieu of delivering collateral to a pledgee, the Custodian, on the receipt of InstructionsInstructions to do so, shall transfer the pledged Securities to a segregated account for the benefit of the pledgee. (2) Upon receipt of Instructions, and the execution of a separate Securities Lending Agreement, the Custodian will release securities Securities held in custody to a securities lending agent appointed by the Fund and borrower designated in such Instructions. The Custodian Instructions and may, except as otherwise provided below, deliver such Securities prior to the receipt of collateral, if any, for such borrowing, provided that, in case of loans of Securities held by a Securities System that are secured by cash collateral, the Custodian’s instructions to the Securities System shall act upon Instructions from require that the Fund and/or such agent in order to effect securities lending transactions on behalf Securities System deliver the Securities of the Fund. For its services in facilitating a Fund’s securities lending activities through such agent, appropriate Fund to the Custodian may receive from the agent a portion borrower thereof only upon receipt of the agent’s securities lending revenue or a fee directly from the Fundcollateral for such borrowing. The Custodian shall have no responsibility or liability for any losses loss arising in connection with the agent’s actions or omissions, including but not limited to from the delivery of Securities prior to the receipt of collateral. Upon receipt of Instructions and the loaned Securities, in the absence of negligence or willful misconduct on Custodian will release the part of collateral to the Custodianborrower.

Appears in 1 contract

Samples: Custody Agreement (Partners Group Private Equity (Master Fund), LLC)

Pledges or Loans of Securities. (1) Upon receipt of In accordance with Instructions from a the Fund, the Custodian will release or cause to be released Securities held in custody to the pledgees designated in such Instructions by way of pledge or hypothecation to secure loans incurred by such the Fund with various lenders including but not limited to UMB Bank, n.a.; provided, however, that the Securities shall be released only upon payment to the Custodian of the monies borrowed, except that in cases where additional collateral is required to secure existing borrowings, further Securities may be released or delivered, or caused to be released or delivered for that purpose upon receipt of Instructions. Upon receipt of Instructions, the Custodian will pay, but only from funds available for such purpose, any such loan upon re-delivery to it of the Securities pledged or hypothecated therefor and upon surrender of the note or notes evidencing such loan. In lieu of delivering collateral to a pledgee, the Custodian, on the receipt of Instructions, shall transfer the pledged Securities to a segregated account for the benefit of the pledgee. (2) Upon receipt of InstructionsIn accordance with Instructions received by the Custodian, the Custodian will release securities to a securities lending agent appointed by the Fund and designated in such Instructions. The Custodian shall act upon Instructions from the Fund and/or such agent in order to effect securities lending transactions on behalf of the Fund. For its services in facilitating a the Fund’s securities lending activities through such agent, the Custodian may receive from the agent a portion of the agent’s securities lending revenue or a fee directly from the Fund. The Custodian shall have no responsibility or liability for any losses arising in connection with the agent’s actions or omissions, including but not limited to the delivery of Securities prior to the receipt of collateral, in the absence of negligence or willful misconduct on the part of the Custodian.

Appears in 1 contract

Samples: Custody Agreement (Little Harbor MultiStrategy Composite Fund)

Pledges or Loans of Securities. (1) Upon receipt of Instructions from a Fund, the Custodian will release or cause to be released Securities held in custody to the pledgees designated in such Instructions by way of pledge or hypothecation to secure loans incurred by such Fund with various lenders including but not limited to UMB Bank, n.a.; provided, however, that the Securities shall be released only upon payment to the Custodian of the monies borrowed, except that in cases where additional collateral is required to secure existing borrowings, further Securities may be released or delivered, or caused to be released or delivered for that purpose upon receipt of Instructions. Upon receipt of Instructions, the Custodian will pay, but only from funds available for such purpose, any such loan upon re-delivery to it of the Securities pledged or hypothecated therefor and upon surrender of the note or notes evidencing such loan. In lieu of delivering collateral to a pledgee, the Custodian, on the receipt of Instructions, shall transfer trans fer the pledged Securities to a segregated account for the benefit of the pledgee. (2) Upon receipt of Special Instructions, and execution of a separate Securities Lending Agreement, the Custodian will release securities Securities held in custody to a securities lending agent appointed by the Fund and borrower designated in such Instructions. The Custodian Instructions and may, except as otherwise provided below, deliver such Securities prior to the receipt of collateral, if any, for such borrowing, provided that, in case of loans of Securities held by a Securities System that are secured by cash collateral, the Custodian's instructions to the Securities System shall act upon Instructions from require that the Fund and/or such agent in order to effect securities lending transactions on behalf Securities System deliver the Securities of the Fund. For its services in facilitating a Fund’s securities lending activities through such agent, appropriate Fund to the Custodian may receive from the agent a portion borrower thereof only upon receipt of the agent’s securities lending revenue or a fee directly from the Fundcollateral for such borrowing. The Custodian shall have no responsibility or liability for any losses loss arising in connection with the agent’s actions or omissions, including but not limited to from the delivery of Securities prior to the receipt of collateral. Upon receipt of Instructions and the loaned Securities, in the absence of negligence or willful misconduct on Custodian will release the part of collateral to the Custodianborrower.

Appears in 1 contract

Samples: Custody Agreement (Aegis Value Fund Inc)

Pledges or Loans of Securities. (1) Upon receipt of Instructions from a Fund, the Custodian will release or cause to be released Securities held in custody to the pledgees designated in such Instructions by way of pledge or hypothecation to secure loans incurred by such Fund with various lenders including including, but not limited to to, UMB Bank, n.a.N.A.; provided, however, that the Securities shall be released only upon payment to the Custodian of the monies borrowed, except that in cases where additional collateral is required to secure existing borrowings, further Securities may be released or delivered, or caused to be released or delivered for that purpose upon receipt of Instructions. Upon receipt of Instructions, the Custodian will pay, but only from funds available for such purpose, any such loan upon re-delivery to it of the Securities pledged or hypothecated therefor and upon surrender of the note or notes evidencing such loan. In lieu of delivering collateral to a pledgee, the Custodian, on the receipt of Instructions, shall transfer the pledged Securities to a segregated account for the benefit of the pledgee. (2) Upon receipt of Instructions, the Custodian will release securities to a securities lending agent appointed by the Fund and designated in such Instructions. The Custodian shall act upon Instructions from the Fund and/or such agent in order to effect securities lending transactions on behalf of the Fund. For its services in facilitating a Fund’s securities lending activities through such agent, the Custodian may receive from the agent a portion of the agent’s securities lending revenue or a fee directly from the Fund. The Custodian shall have no responsibility or liability for any losses arising in connection with the agent’s actions or omissions, including including, but not limited to to, the delivery of Securities prior to the receipt of collateral, in the absence of negligence or willful misconduct on the part of the Custodian.

Appears in 1 contract

Samples: Custody Agreement (Wildermuth Endowment Strategy Fund)

Pledges or Loans of Securities. (1) Upon receipt of Instructions from a the Fund, the Custodian will release or cause to be released Securities held in custody to the pledgees designated in such Instructions by way of pledge or hypothecation to secure loans incurred by such the Fund with various lenders including but not limited to UMB Bank, n.a.; provided, however, that the Securities shall be released only upon payment to the Custodian of the monies borrowed, except that in cases where additional collateral is required to secure existing borrowings, further Securities may be released or delivered, or caused to be released or delivered for that purpose upon receipt of Instructions. Upon receipt of Instructions, the Custodian will pay, but only from funds available for such purpose, any such loan upon re-delivery to it of the Securities pledged or hypothecated therefor and upon surrender of the note or notes evidencing such loan. In lieu of delivering collateral to a pledgee, the Custodian, on the receipt of Instructions, shall transfer the pledged Securities to a segregated account for the benefit of the pledgee. (2) Upon receipt of Special Instructions, and execution of a separate Securities Lending Agreement, the Custodian will release securities Securities held in custody to a securities lending agent appointed by the Fund and borrower designated in such Instructions. The Custodian Instructions and may, except as otherwise provided below, deliver such Securities prior to the receipt of collateral, if any, for such borrowing, provided that, in case of loans of Securities held by a Securities System that are secured by cash collateral, the Custodian's instructions to the Securities System shall act upon Instructions from require that the Fund and/or such agent in order to effect securities lending transactions on behalf Securities System deliver the Securities of the Fund. For its services in facilitating a Fund’s securities lending activities through such agent, appropriate Fund to the Custodian may receive from the agent a portion borrower thereof only upon receipt of the agent’s securities lending revenue or a fee directly from the Fundcollateral for such borrowing. The Custodian shall have no responsibility or liability for any losses loss arising in connection with the agent’s actions or omissions, including but not limited to from the delivery of Securities prior to the receipt of collateral. Upon receipt of Instructions and the loaned Securities, in the absence of negligence or willful misconduct on Custodian will release the part of collateral to the Custodianborrower.

Appears in 1 contract

Samples: Custody Agreement (Nakoma Mutual Funds)

Pledges or Loans of Securities. (1) Upon receipt of Instructions from a Fund, the Custodian will release or cause to be released Securities held in custody to the pledgees designated in such Instructions by way of pledge or hypothecation to secure loans incurred by such Fund with various lenders including but not limited to UMB Bank, n.a.; provided, however, that the Securities shall be released only upon payment to the Custodian of the monies borrowed, except that in cases where additional collateral is required to secure existing borrowings, further Securities may be released or delivered, or caused to be released or delivered for that purpose upon receipt of Instructions. Upon receipt of Instructions, the Custodian will pay, but only from funds available for such purpose, any such loan upon re-delivery re‑delivery to it of the Securities pledged or hypothecated therefor and upon surrender of the note or notes evidencing such loan. In lieu of delivering collateral to a pledgee, the Custodian, on the receipt of Instructions, shall transfer the pledged Securities to a segregated account for the benefit of the pledgee. (2) Upon receipt of Instructions, the Custodian will release securities to a securities lending agent appointed by the Fund and designated in such Instructions. The Custodian shall act upon Instructions from the Fund and/or such agent in order to effect securities lending transactions on behalf of the Fund. For its services in facilitating a Fund’s securities lending activities through such agent, the Custodian may receive from the agent a portion of the agent’s securities lending revenue or a fee directly from the Fund. The Custodian shall have no responsibility or liability for any losses arising in connection with the agent’s actions or omissions, including but not limited to the delivery of Securities prior to the receipt of collateral, in the absence of fraud, negligence or willful misconduct on the part of the Custodian.

Appears in 1 contract

Samples: Custody Agreement (Fiera Capital Series Trust)

Pledges or Loans of Securities. (1) Upon receipt of Instructions from a the Fund, the Custodian will release or cause to be released Securities held in custody to the pledgees designated in such Instructions by way of pledge or hypothecation to secure loans incurred by such the Fund with various lenders including but not limited to UMB BankUnited Missouri Bank of Kansas City, n.a.N.A.; provided, however, that the Securities shall be released only upon payment to the Custodian of the monies borrowed, except that in cases where additional collateral is required to secure existing borrowings, further Securities may be released or delivered, or caused to be released or delivered for that purpose upon receipt of Instructions. Upon receipt of Instructions, the Custodian will pay, but only from funds available for such purpose, any such loan upon re-delivery redelivery to it of the Securities pledged or hypothecated therefor and upon surrender of the note or notes evidencing such loan. In lieu of delivering collateral to a pledgee, the Custodian, on the receipt of Instructions, shall transfer the pledged Securities to a segregated account for the benefit of the pledgee. (2) Upon receipt of Instructions, the Custodian will release securities Securities held in custody to a securities lending agent appointed by the Fund and borrower designated in such Instructions. The ; provided, however, that the Securities shall be released only upon deposit with the Custodian shall act upon Instructions from of adequate collateral as specified in such Instructions, and that the Fund and/or such agent in order to effect securities lending transactions Custodian retain on behalf of the Fund's behalf the right to any dividends, interest or distribution on such loaned Securities. For its services in facilitating a Fund’s securities lending activities through such agentUpon receipt of Instructions and the loaned Securities, the Custodian may receive from will release the agent a portion of the agent’s securities lending revenue or a fee directly from the Fund. The Custodian shall have no responsibility or liability for any losses arising in connection with the agent’s actions or omissions, including but not limited collateral to the delivery of Securities prior to the receipt of collateral, in the absence of negligence or willful misconduct on the part of the Custodianborrower.

Appears in 1 contract

Samples: Mutual Fund Custody Agreement (Universal Capital Investment Trust)

Pledges or Loans of Securities. (1) Upon receipt of Instructions from a Fund, the Custodian will release or cause to be released Securities held in custody to the pledgees designated in such Instructions by way of pledge or hypothecation to secure loans incurred by such Fund with various lenders including but not limited to UMB Bank, n.a.; provided, however, that the Securities shall be released only upon payment to the Custodian of the monies borrowed, except that in cases where additional collateral is required to secure existing borrowings, further Securities may be released or delivered, or caused to be released or delivered for that purpose upon receipt of Instructions. Upon receipt of Instructions, the Custodian will pay, but only from funds available for such purpose, any such loan upon re-delivery to it of the Securities pledged or hypothecated therefor and upon surrender of the note or notes evidencing such loan. In lieu of delivering collateral to a pledgee, the Custodian, on the receipt of Instructions, shall transfer the pledged Securities to a segregated account for the benefit of the pledgee. (2) Upon receipt of Special Instructions, the Custodian will release securities to shall enter into a Subcustodian Agreement with a securities lending agent appointed by a Fund ("Agent"), whereby Agent is appointed as Special Subcustodian for the purpose of effecting transactions on behalf of the Fund in connection with a Securities Lending Agency Agreement between the Fund and designated in such InstructionsAgent. The Custodian shall and Agent agree to act upon Instructions and Special Instructions from the Fund and/or such agent in connection with the Subcustodian Agreement and this Agreement in order to effect securities lending transactions on behalf of the Fund. For its services in facilitating a Fund’s securities lending activities through such agent, the Custodian may receive from the agent a portion of the agent’s securities lending revenue or a fee directly from the Fund. The Custodian shall have no responsibility or liability for any losses arising in connection with the agent’s Agent's actions or omissions, including but not limited to the delivery of Securities prior to the receipt of collateral, in the absence of negligence negligence, bad faith, misfeasance or willful misconduct on the part of the Custodian.

Appears in 1 contract

Samples: Custody Agreement (Westport Funds)

Pledges or Loans of Securities. (1) Upon receipt of Instructions from a Fund, the Custodian will release or cause to be released Securities held in custody to the pledgees designated in such Instructions by way of pledge or hypothecation to secure loans incurred by such Fund with various lenders including but not limited to UMB Bank, n.a.; provided, however, that the Securities shall be released only upon payment to the Custodian of the monies borrowed, except that in cases where additional collateral is required to secure existing borrowings, further Securities may be released or delivered, or caused to be released or delivered for that purpose upon receipt of Instructions. Upon receipt of Instructions, the Custodian will pay, but only from funds available for such purpose, any such loan upon re-delivery to it of the Securities pledged or hypothecated therefor and upon surrender of the note or notes evidencing such loan. In lieu of delivering collateral to a pledgee, the Custodian, on the receipt of Instructions, shall transfer the pledged Securities to a segregated account for the benefit of the pledgee. (2) . Upon receipt of Special Instructions, and execution of a separate Securities Lending Agreement, the Custodian will release securities Securities held in custody to a securities lending agent appointed by the Fund and borrower designated in such Instructions. The Custodian Instructions and may, except as otherwise provided below, deliver such Securities prior to the receipt of collateral, if any, for such borrowing, provided that, in case of loans of Securities held by a Securities System that are secured by cash collateral, the Custodian's instructions to the Securities System shall act upon Instructions from require that the Fund and/or such agent in order to effect securities lending transactions on behalf Securities System deliver the Securities of the Fund. For its services in facilitating a Fund’s securities lending activities through such agent, appropriate Fund to the Custodian may receive from the agent a portion borrower thereof only upon receipt of the agent’s securities lending revenue or a fee directly from the Fundcollateral for such borrowing. The Custodian shall have no responsibility or liability for any losses loss arising in connection with the agent’s actions or omissions, including but not limited to from the delivery of Securities prior to the receipt of collateral. Upon receipt of Instructions and the loaned Securities, in the absence of negligence or willful misconduct on Custodian will release the part of collateral to the Custodianborrower.

Appears in 1 contract

Samples: Custody Agreement (Aegis Funds)

Pledges or Loans of Securities. (1) Upon receipt of Instructions from a Fund, the Custodian will release or cause to be released Securities held in custody to the pledgees designated in such Instructions by way of pledge or hypothecation to secure loans incurred by such Fund with various lenders including but not limited to UMB Bank, n.a.; provided, however, that the Securities shall be released only upon payment to the Custodian of the monies borrowed, except that in cases where additional collateral is required to secure existing borrowings, further Securities may be released or delivered, or caused to be released or delivered for that purpose upon receipt of Instructions. Upon receipt of Instructions, the Custodian will pay, but only from funds available for such purpose, any such loan upon re-delivery re‑delivery to it of the Securities pledged or hypothecated therefor and upon surrender of the note or notes evidencing such loan. In lieu of delivering collateral to a pledgee, the Custodian, on the receipt of Instructions, shall transfer the pledged Securities to a segregated account for the benefit of the pledgee. (2) Upon receipt of Instructions, the Custodian will release securities to a securities lending agent appointed by the Fund and designated in such Instructions. The Custodian shall act upon Instructions from the Fund and/or such agent in order to effect securities lending transactions on behalf of the Fund. For its services in facilitating a Fund’s securities lending activities through such agent, the Custodian may receive from the agent a portion of the agent’s securities lending revenue or a fee directly from the Fund. The Custodian shall have no responsibility or liability for any losses arising in connection with the agent’s actions or omissions, including but not limited to the delivery of Securities EXECUTION COPY prior to the receipt of collateral, in the absence of negligence negligence, bad faith or willful misconduct on the part of the Custodian.

Appears in 1 contract

Samples: Custody Agreement (Corsair Opportunity Fund)

Pledges or Loans of Securities. (1) Upon receipt of Instructions from a the Fund, the Custodian will release or cause to be released Securities held in custody to the pledgees designated in such Instructions by way of pledge or hypothecation to secure loans incurred by such Fund with various lenders including but not limited to UMB Bank, n.a.; provided, however, that the Securities shall be released only upon payment to the Custodian of the monies borrowed, except that in cases where additional collateral is required to secure existing borrowings, further Securities may be released or delivered, or caused to be released or delivered for that purpose upon receipt of Instructions. Upon receipt of Instructions, the Custodian will pay, but only from funds available for such purpose, any such loan upon re-delivery re‑delivery to it of the Securities pledged or hypothecated therefor and upon surrender of the note or notes evidencing such loan. In lieu of delivering collateral to a pledgee, the Custodian, on the receipt of Instructions, shall transfer the pledged Securities to a segregated account for the benefit of the pledgee. (2) Upon receipt of Instructions, the Custodian will release securities to a securities lending agent appointed by the Fund and designated in such Instructions. The Custodian shall act upon Instructions from the Fund and/or such agent in order to effect securities lending transactions on behalf of the Fund. For its services in facilitating a the Fund’s securities lending activities through such agent, the Custodian may receive from the agent a portion of the agent’s securities lending revenue or a fee directly from the Fund. The Custodian shall have no responsibility or liability for any losses arising in connection with the agent’s actions or omissions, including but not limited to the delivery of Securities prior to the receipt of collateral, in the absence of negligence or willful misconduct on the part of the Custodian.

Appears in 1 contract

Samples: Custody Agreement (NB Crossroads Private Markets Access Fund LLC)

Pledges or Loans of Securities. (1) Upon receipt of Instructions from a FundInstructions, the Custodian will release (or cause to be released released) Securities held in custody to the pledgees designated in such Instructions by way of pledge or hypothecation to secure loans incurred by such the Fund with various lenders including but not limited to UMB Bank, n.a.; provided, however, provided however that the Securities shall be released only upon payment to the Custodian of the monies borrowed, except that in cases where additional collateral is required to secure existing borrowings, further Securities may be released or delivered, delivered (or caused to be released or delivered delivered) for that purpose upon receipt of Instructions. Upon receipt of Instructions, the Custodian will pay, but only pay (from funds available for such purpose, ) any such loan upon re-delivery to it of the Securities pledged or hypothecated therefor and upon surrender of the note or notes evidencing such loan. In lieu of delivering collateral to a pledgee, the CustodianCustodian shall, on the receipt of Instructions, shall transfer the pledged Securities to a segregated account for the benefit of the pledgee. (2) Upon receipt of Instructions, the Custodian will release securities to a securities lending agent appointed by the Fund and designated in such Instructions. The Custodian shall act upon Instructions from the Fund and/or such agent in order to effect securities lending transactions on behalf of the Fund. For its services in facilitating a the Fund’s securities lending activities through such agent, the Custodian may receive from the agent a portion of the agent’s securities lending revenue or a fee directly from the Fund. The Custodian shall have no responsibility or liability for any losses arising in connection with the agent’s actions or omissions, including but not limited to the delivery of Securities prior to the receipt of collateral, in the absence of gross negligence or willful misconduct on the part of the CustodianCustodian or reckless disregard by Custodian of its duties under this Agreement.

Appears in 1 contract

Samples: Custody Agreement (Gladstone Alternative Income Fund)

Pledges or Loans of Securities. (1) Upon receipt of Instructions from a the Fund, the Custodian will release or cause to be released Securities held in custody to the pledgees pledges designated in such Instructions by way of pledge or hypothecation to secure loans incurred by such the Fund with various lenders including but not limited to UMB United Missouri Bank, n.a.. ; provided, however, that the Securities shall be released only upon payment to the Custodian of the monies borrowed, except that in cases where additional collateral is required to secure existing borrowings, further Securities may be released or delivered, or caused to be released or delivered for that purpose upon receipt of Instructions. Upon receipt of Instructions, the Custodian will pay, but only from funds available for such purpose, any such loan upon re-delivery to it of the Securities pledged or hypothecated therefor and upon surrender of the note or notes evidencing such loan. In lieu of delivering collateral to a pledgeepledge, the Custodian, on the receipt of Instructions, shall transfer the pledged Securities to a segregated account for the benefit of the pledgeepledge. (2) Upon receipt of Special Instructions, and execution of a separate Securities Lending Agreement, the Custodian will release securities Securities held in custody to a securities lending agent appointed by the Fund and borrower designated in such Instructions. The Custodian Instructions and may, except as otherwise provided below, deliver such Securities prior to the receipt of collateral, if any, for such borrowing, provided that, in case of loans of Securities held by a Securities System that are secured by cash collateral, the Custodian's instructions to the Securities System shall act upon Instructions from require that the Securities System deliver the Securities of the Fund and/or such agent in order to effect securities lending transactions on behalf the borrower thereof only upon receipt of the Fund. For its services in facilitating a Fund’s securities lending activities through collateral for such agent, the Custodian may receive from the agent a portion of the agent’s securities lending revenue or a fee directly from the Fundborrowing. The Custodian shall have no responsibility or liability for any losses loss arising in connection with the agent’s actions or omissions, including but not limited to from the delivery of Securities prior to the receipt of collateral. Upon receipt of Instructions and the loaned Securities, in the absence of negligence or willful misconduct on Custodian will release the part of collateral to the Custodianborrower.

Appears in 1 contract

Samples: Custody Administration and Agency Agreement (Elite Group of Mutual Funds)

Pledges or Loans of Securities. (1) Upon receipt of Instructions from a Fund, the Custodian will release or cause to be released Securities held in custody to the pledgees designated in such Instructions by way of pledge or hypothecation to secure loans incurred by such Fund with various lenders including but not limited to UMB Bank, n.a.; provided, however, that the Securities shall be released only upon payment to the Custodian of the monies borrowed, except that in cases where additional collateral is required to secure existing borrowings, further Securities may be released or delivered, or caused to be released or delivered for that purpose upon receipt of Instructions. Upon receipt of Instructions, the Custodian will pay, but only from funds available for such purpose, any such loan upon re-delivery to it of the Securities pledged or hypothecated therefor and upon surrender of the note or notes evidencing such loan. In lieu of delivering collateral to a pledgee, the Custodian, on the receipt of Instructions, shall transfer the pledged Securities to a segregated account for the benefit of the pledgee. (2) Upon receipt of InstructionsInstructions or execution of a separate Securities Lending Agreement,, the Custodian will release securities Securities held in custody to a securities lending agent appointed by the Fund and borrower designated in such Instructions. The Custodian Instructions and may, except as otherwise provided below, deliver such Securities prior to the receipt of collateral, if any, for such borrowing, provided that, in case of loans of Securities held by a Securities System that are secured by cash collateral, the Custodian's instructions to the Securities System shall act upon Instructions from require that the Fund and/or such agent in order to effect securities lending transactions on behalf Securities System deliver the Securities of the Fund. For its services in facilitating a Fund’s securities lending activities through such agent, appropriate Fund to the Custodian may receive from the agent a portion borrower thereof only upon receipt of the agent’s securities lending revenue or a fee directly from the Fundcollateral for such borrowing. The Custodian shall have no responsibility or liability for any losses loss arising in connection with the agent’s actions or omissions, including but not limited to from the delivery of Securities prior to the receipt of collateral, provided the Custodian has acted in accordance with timely Instructions. Upon receipt of Instructions and the absence of negligence or willful misconduct on loaned Securities, the part of Custodian will release the Custodiancollateral to the borrower.

Appears in 1 contract

Samples: Custody Agreement (Adelante Funds)

Pledges or Loans of Securities. (1) Upon receipt of Instructions from a Fund, the Custodian will release or cause to be released Securities held in custody to the pledgees designated in such Instructions by way of pledge or hypothecation to secure loans incurred by such Fund with various lenders including but not limited to UMB Bank, n.a.; provided, however, that the Securities shall be released only upon payment to the Custodian of the monies borrowed, except that in cases where additional collateral is required to secure existing borrowings, further Securities may be released or delivered, or caused to be released or delivered for that purpose upon receipt of Instructions. Upon receipt of Instructions, the Custodian will pay, but only from funds available for such purpose, any such loan upon re-delivery to it of the Securities pledged or hypothecated therefor and upon surrender of the note or notes evidencing such loan. In lieu of delivering collateral to a pledgee, the Custodian, on the receipt of Instructions, shall transfer the pledged Securities to a segregated account for the benefit of the pledgee. (2) Upon receipt of InstructionsInstructions or execution of a separate Securities Lending Agreement, the Custodian will release securities Securities held in custody to a securities lending agent appointed by the Fund and borrower designated in such Instructions. The Custodian Instructions and may, except as otherwise provided below, deliver such Securities prior to the receipt of collateral, if any, for such borrowing, provided that, in case of loans of Securities held by a Securities System that are secured by cash collateral, the Custodian's instructions to the Securities System shall act upon Instructions from require that the Fund and/or such agent in order to effect securities lending transactions on behalf Securities System deliver the Securities of the Fund. For its services in facilitating a Fund’s securities lending activities through such agent, appropriate Fund to the Custodian may receive from the agent a portion borrower thereof only upon receipt of the agent’s securities lending revenue or a fee directly from the Fundcollateral for such borrowing. The Custodian shall have no responsibility or liability for any losses loss arising in connection with the agent’s actions or omissions, including but not limited to from the delivery of Securities prior to the receipt of collateral, provided the Custodian has acted in accordance with timely Instructions. Upon receipt of Instructions and the absence of negligence or willful misconduct on loaned Securities, the part of Custodian will release the Custodiancollateral to the borrower.

Appears in 1 contract

Samples: Custody Agreement (Lend Lease Funds)

Pledges or Loans of Securities. (1) Upon receipt of Instructions from a Fund, the Custodian will release or cause to be released Securities held in custody to the pledgees designated in such Instructions fustructions by way of pledge or hypothecation to secure loans incurred by such Fund with various lenders including but not limited to UMB Bank, n.a.; provided, however, that the Securities shall be released only upon payment to the Custodian of the monies borrowedbon-owed, except that in cases where additional collateral is required to secure existing borrowings, further Securities may be released or delivered, or caused to be released or delivered for that purpose upon receipt of Instructions. Upon receipt of Instructions, the Custodian will pay, but only from funds available for such purpose, any such loan upon re-delivery to it of the Securities pledged or hypothecated therefor and upon surrender of the note or notes evidencing such loan. In lieu of delivering collateral co11ateral to a pledgee, the Custodian, on the receipt of Instructions, shall transfer the pledged Securities to a segregated account for the benefit of the pledgee. (2) Upon receipt of Instructions, the Custodian will release securities to a securities lending agent appointed by the Fund and designated in such Instructionsfustructions. The Custodian shall act upon Instructions from the Fund and/or such agent in order to effect securities lending transactions on behalf of the Fund. For its services in facilitating a Fund’s 's securities lending activities through such agent, the Custodian may receive from the agent a portion of the agent’s 's securities lending revenue or a fee directly from the Fund. The Custodian shall have no responsibility or liability for any losses arising in connection conneetion with the agent’s 's actions or omissions, including but not limited to the delivery of Securities prior to the receipt of collateral, in the absence of negligence or willful misconduct on the part of the Custodian.

Appears in 1 contract

Samples: Custody Agreement (Palmer Square Opportunistic Income Fund)

Pledges or Loans of Securities. (1) Upon receipt of Instructions from a Fund, the Custodian will release or cause to be released Securities held in custody to the pledgees designated in such Instructions by way of pledge or hypothecation to secure loans incurred by such Fund with various lenders including but not limited to UMB Bank, n.a.; :. provided, however, that the Securities shall be released only upon payment to the Custodian of the monies borrowed, except that in cases where additional collateral is required to secure existing borrowings, further Securities may be released or delivered, or caused to be released or delivered for that purpose upon receipt of Instructionsinstructions. Upon receipt of Instructionsinstructions, the Custodian will pay, but only from funds available for such purpose, any such loan upon re-delivery to it of the Securities pledged or hypothecated therefor and upon surrender of the note or notes evidencing such loan. In lieu of delivering collateral to a pledgee, the Custodian, on the receipt of Instructionsinstructions, shall transfer the pledged Securities to a segregated account for the benefit of the pledgee. (2) Upon receipt of Special Instructions, and execution of a separate Securities Lending Agreement, the Custodian will release securities Securities held in custody to a securities lending agent appointed by the Fund and borrower designated in such Instructions. The Custodian Instructions and may, except as otherwise provided below, deliver such Securities prior to the receipt of collateral, if any, for such borrowing, provided that, in case of loans of Securities held by a Securities System that are secured by cash collateral, the Custodian's instructions to the Securities System shall act upon Instructions from require that the Fund and/or such agent in order to effect securities lending transactions on behalf Securities System deliver the Securities of the Fund. For its services in facilitating a Fund’s securities lending activities through such agent, appropriate Fund to the Custodian may receive from the agent a portion borrower thereof only upon receipt of the agent’s securities lending revenue or a fee directly from the Fundcollateral for such borrowing. The Custodian shall have no responsibility or liability for any losses loss arising in connection with the agent’s actions or omissions, including but not limited to from the delivery of Securities prior to the receipt of collateral. Upon receipt of instruction and the loaned Securities, in the absence of negligence or willful misconduct on Custodian will release the part of collateral to the Custodianborrower.

Appears in 1 contract

Samples: Custody Agreement (American Growth Fund Inc)

Pledges or Loans of Securities. (1) Upon receipt of Instructions from a the Fund, the Custodian will release or cause to be released Securities held in custody to the pledgees designated in such Instructions by way of pledge or hypothecation to secure loans incurred by such the Fund with various lenders including but not limited to UMB Bank, n.a.; provided, however, that the Securities shall be released only upon payment to the Custodian of the monies borrowed, except that in cases where additional collateral is required to secure existing borrowings, further Securities may be released or delivered, or caused to be released or delivered for that purpose upon receipt of Instructions. Upon receipt of Instructions, the Custodian will pay, but only from funds available for such purpose, any such loan upon re-delivery to it of the Securities pledged or hypothecated therefor and upon surrender of the note or notes evidencing such loan. In lieu of delivering collateral to a pledgee, pledge; the Custodian, on the receipt of Instructions, shall transfer the pledged Securities to a segregated account for the benefit of the pledgee. (2) Upon receipt of Instructions, the Custodian will release securities to a securities lending agent appointed by the Fund and designated in such Instructions. The Custodian shall act upon Instructions from the Fund and/or such agent in order to effect securities lending transactions on behalf of the Fund. For its services in facilitating a the Fund’s securities lending activities through such agent, the Custodian may receive from the agent a portion of the agent’s securities lending revenue or a fee directly from the Fund. The Custodian shall have no responsibility or liability for any losses arising in connection with the agent’s actions or omissions, including but not limited to the delivery of Securities prior to the receipt of collateral, in the absence of negligence negligence, bad faith or willful misconduct on the part of the Custodian, the Custodian’s reckless disregard of its duties under this Agreement or the Custodian’s breach of the terms of this Agreement any contract between the Fund and the Custodian.

Appears in 1 contract

Samples: Custody Agreement (Center Coast MLP & Infrastructure Fund)

Pledges or Loans of Securities. (1) Upon receipt of Instructions from a Fund, the Custodian will release or cause to be released Securities held in custody to the pledgees designated in such Instructions by way of pledge or hypothecation to secure loans incurred by such Fund with various lenders including but not limited to UMB Bank, n.a.the Custodian; provided, however, that the Securities shall be released only upon payment to the Custodian of the monies borrowed, except that in cases where additional collateral is required to secure existing borrowings, further Securities may be released or delivered, or caused to be released or delivered for that purpose upon receipt of Special Instructions. Upon receipt of Instructions, the Custodian will pay, but only from funds available for such purpose, any such loan upon re-delivery to it of the Securities pledged or hypothecated therefor and upon surrender of the note or notes evidencing such loan. In lieu of delivering collateral to a pledgee, the Custodian, on the receipt of Instructions, shall transfer the pledged Securities to a segregated account for the benefit of the pledgee. (2) Upon receipt of Special Instructions, and execution of a separate Securities Lending Agreement, the Custodian will release securities Securities held in custody to a securities lending agent appointed by the Fund and borrower designated in such Instructions. The Custodian Special Instructions and may, except as otherwise provided below, deliver borrowed Securities prior to the receipt of collateral, if any, for such borrowing, provided that, in case of loans of Securities held by a Securities System that are secured by cash collateral, the Custodian's instructions to the Securities System shall act upon Instructions from require that the Fund and/or such agent in order to effect securities lending transactions on behalf Securities System deliver the Securities of the Fund. For its services in facilitating a Fund’s securities lending activities through such agent, appropriate Fund to the Custodian may receive from the agent a portion borrower thereof only upon receipt of the agent’s securities lending revenue or a fee directly from the Fundcollateral for such borrowing. The Custodian shall have no responsibility or liability for any losses loss arising in connection with the agent’s actions or omissions, including but not limited to from the delivery of Securities prior to the receipt of collateralcollateral in accordance with such Special Instructions. Upon receipt of Instructions and the loaned Securities, in the absence of negligence or willful misconduct on Custodian will release the part of collateral to the Custodianborrower.

Appears in 1 contract

Samples: Custody Agreement (Janus Aspen Series)

Pledges or Loans of Securities. (1) Upon receipt of Instructions from a Fund, the Custodian will release or cause to be released Securities held in custody to the pledgees designated in such Instructions by way of pledge or hypothecation to secure loans incurred by such Fund with various lenders including but not limited to UMB Bank, n.a.[ ]; provided, however, that the Securities shall be released only upon payment to the Custodian of the monies borrowed, except that in cases where additional collateral is required to secure existing borrowings, further Securities may be released or delivered, or caused to be released or delivered for that purpose upon receipt of Instructions. Upon receipt of Instructions, the Custodian will pay, but only from funds available for such purpose, any such loan upon re-delivery to it of the Securities pledged or hypothecated therefor and upon surrender of the note or notes evidencing such loan. In lieu of delivering collateral to a pledgee, the Custodian, on the receipt of Instructions, shall transfer the pledged Securities to a segregated account for the benefit of the pledgee. (2) Upon receipt of Instructions, the Custodian will release securities to a securities lending agent appointed by the Fund and designated in such Instructions. The Custodian shall act upon Instructions from the Fund and/or such agent in order to effect securities lending transactions on behalf of the Fund. For its services in facilitating a Fund’s securities lending activities through such agent, the Custodian may receive from the agent a portion of the agent’s securities lending revenue or a fee directly from the Fund. The Custodian shall have no responsibility or liability for any losses arising in connection with the agent’s actions or omissions, including but not limited to the delivery of Securities prior to the receipt of collateral, in the absence of negligence or willful misconduct on the part of the Custodian.

Appears in 1 contract

Samples: Custody Agreement (NB Crossroads Private Markets Fund VII LP)

Pledges or Loans of Securities. (1) Upon receipt of Instructions from a Fund, the Custodian will release or cause to be released Securities held in custody to the pledgees designated in such Instructions by way of pledge or hypothecation to secure loans incurred by such Fund with various lenders including but not limited to UMB Bank, n.a.; provided, however, that the Securities shall be released only upon payment to the Custodian of the monies borrowed, except that in cases where additional collateral is required to secure existing borrowings, further Securities may be released or delivered, or caused to be released or delivered for that purpose upon receipt of Instructions. Upon receipt of Instructions, the Custodian will pay, but only from funds available for such purpose, any such loan upon re-delivery to it of the Securities pledged or hypothecated therefor and upon surrender of the note or notes evidencing such loan. In lieu of delivering collateral to a pledgee, the Custodian, on the receipt of Instructions, shall transfer the pledged Securities to a segregated account for the benefit of the pledgee. (2) Upon receipt of Instructions, the Custodian will release securities to a securities lending agent appointed by the Fund and designated in such Instructions. The Custodian shall act upon Instructions from the Fund and/or such agent in order to effect securities lending transactions on behalf of the Fund. For its services in facilitating a Fund’s securities lending activities through such agent, the Custodian , pursuant to agreement with the Fund, may receive from the agent a portion of the agent’s securities lending revenue or a fee directly from the Fund. The Custodian shall have no responsibility or liability for any losses arising in connection with the agent’s actions or omissions, including but not limited to the delivery of Securities prior to the receipt of collateral, in the absence of negligence or willful misconduct on the part of the Custodian.

Appears in 1 contract

Samples: Custody Agreement (Total Income (Plus) Real Estate Fund)

Pledges or Loans of Securities. (1) Upon receipt of Instructions from a the Fund, the Custodian will release or cause to be released Securities held in custody to the pledgees designated in such Instructions by way of pledge or hypothecation to secure loans incurred by such the Fund with various lenders including but not limited to UMB Bank, n.a.; provided, however, that the Securities shall be released only upon payment to the Custodian of the monies borrowed, except that in cases where additional collateral is required to secure existing borrowings, further Securities may be released or delivered, or caused to be released or delivered for that purpose upon receipt of Instructions. Upon receipt of Instructions, the Custodian will pay, but only from funds available for such purpose, any such loan upon re-delivery re‑delivery to it of the Securities pledged or hypothecated therefor and upon surrender of the note or notes evidencing such loan. In lieu of delivering collateral to a pledgee, the Custodian, on the receipt of Instructions, shall transfer the pledged Securities to a segregated account for the benefit of the pledgee. (2) Upon receipt of Special Instructions, and execution of a separate Securities Lending Agreement, the Custodian will release securities Securities held in custody to a securities lending agent appointed by the Fund and borrower designated in such Instructions. The Custodian Instructions and may, except as otherwise provided below, deliver such Securities prior to the receipt of collateral, if any, for such borrowing, provided that, in case of loans of Securities held by a Securities System that are secured by cash collateral, the Custodian's instructions to the Securities System shall act upon Instructions from require that the Fund and/or such agent in order to effect securities lending transactions on behalf Securities System deliver the Securities of the Fund. For its services in facilitating a Fund’s securities lending activities through such agent, appropriate Fund to the Custodian may receive from the agent a portion borrower thereof only upon receipt of the agent’s securities lending revenue or a fee directly from the Fundcollateral for such borrowing. The Custodian shall have no responsibility or liability for any losses loss arising in connection with the agent’s actions or omissions, including but not limited to from the delivery of Securities prior to the receipt of collateral. Upon receipt of Instructions and the loaned Securities, in the absence of negligence or willful misconduct on Custodian will release the part of collateral to the Custodianborrower.

Appears in 1 contract

Samples: Custody Agreement (Oppenheimer SteelPath Master MLP Fund, LLC)

Pledges or Loans of Securities. (1) Upon receipt of Instructions from a Fund, the Custodian will release or cause to be released shall transfer Securities held in custody to the pledgees designated in such Instructions by way to a segregated account for the benefit of pledge or hypothecation the pledgee to secure loans incurred by such Fund with various lenders including but not limited to UMB Bank, n.a.; provided, however, that the Securities shall be released transferred only upon payment to the Custodian of the monies borrowed, except that in cases where additional collateral is required to secure existing borrowings, further Securities may be released or deliveredtransferred, or caused to be released or delivered transferred for that purpose upon receipt of Instructions. Upon receipt of Instructions, the Custodian will pay, but only from funds available for such purpose, any such loan upon re-delivery to it release of the Securities pledged or hypothecated therefor and upon surrender of the note or notes evidencing such loan. In lieu of delivering collateral to a pledgee, the Custodian, on the receipt of Instructions, shall transfer the pledged Securities to a segregated account for the benefit of the pledgee. (2) Upon receipt of Instructions, the Custodian will release securities to a securities lending agent appointed by the Fund and designated in such Instructions. The Custodian shall act upon Instructions from the Fund and/or such agent in order to effect securities lending transactions on behalf of the Fund. For its services in facilitating a Fund’s securities lending activities through such agent, the Custodian may receive from the agent a portion of the agent’s securities lending revenue or a fee directly from the Fund. The Custodian shall have no responsibility or liability for any losses arising in connection with the agent’s actions or omissions, including but not limited to the delivery of Securities prior to the receipt of collateral, in the absence of negligence or willful misconduct on the part of the Custodian.

Appears in 1 contract

Samples: Custody Agreement (Harvest Volatility Edge Trust)

Pledges or Loans of Securities. (1) Upon receipt of Instructions from a Fund, the Custodian will release or cause to be released Securities held in custody to the pledgees designated in such Instructions by way of pledge or hypothecation to secure loans incurred by such Fund with various lenders including but not limited to UMB Bank, n.a.; provided, however, that the Securities shall be released only upon payment to the Custodian of the monies borrowed, except that in cases where additional collateral is required to secure existing borrowings, further Securities may be released or delivered, or caused to be released or delivered for that purpose upon receipt of Instructions. Upon receipt of Instructions, the Custodian will pay, but only from funds available for such purpose, any such loan upon re-re- delivery to it of the Securities pledged or hypothecated therefor and upon surrender of the note or notes evidencing such loan. In lieu of delivering collateral to a pledgee, the Custodian, on the receipt of Instructions, shall transfer the pledged Securities to a segregated account for the benefit of the pledgee. (2) Upon receipt of Special Instructions, and execution of a separate Securities Lending Agreement, the Custodian will release securities Securities held in custody to a securities lending agent appointed by the Fund and borrower designated in such Instructions. The Custodian Instructions and may, except as otherwise provided below, deliver such Securities prior to the receipt of collateral, if any, for such borrowing, provided that, in case of loans of Securities held by a Securities System that are secured by cash collateral, the Custodian's instructions to the Securities System shall act upon Instructions from require that the Fund and/or such agent in order to effect securities lending transactions on behalf Securities System deliver the Securities of the Fund. For its services in facilitating a Fund’s securities lending activities through such agent, appropriate Fund to the Custodian may receive from the agent a portion borrower thereof only upon receipt of the agent’s securities lending revenue or a fee directly from the Fundcollateral for such borrowing. The Custodian shall have no responsibility or liability for any losses loss arising in connection with the agent’s actions or omissions, including but not limited to from the delivery of Securities prior to the receipt of collateral. Upon receipt of Instructions and the loaned Securities, in the absence of negligence or willful misconduct on Custodian will release the part of collateral to the Custodianborrower.

Appears in 1 contract

Samples: Custody Agreement (Rreef Securities Trust)

Pledges or Loans of Securities. (1) Upon receipt of Instructions from a the Fund, the Custodian will release or cause to be released Securities held in custody to the pledgees designated in such Instructions by way of pledge or hypothecation to secure loans incurred by such the Fund with various lenders including but not limited to UMB Bank, n.a.; provided, however, that the Securities shall be released only upon payment to the Custodian of the monies borrowed, except that in cases where additional collateral is required to secure existing borrowings, further Securities may be released or delivered, or caused to be released or delivered for that purpose upon receipt of Instructions. Upon receipt of Instructions, the Custodian will pay, but only from funds available for such purpose, any such loan upon re-delivery to it of the Securities pledged or hypothecated therefor and upon surrender of the note or notes evidencing such loan. In lieu of delivering collateral to a pledgeepledge, the Custodian, on the receipt of Instructions, shall transfer the pledged Securities to a segregated account for the benefit of the pledgee. (2) Upon receipt of Instructions, the Custodian will release securities to a securities lending agent appointed by the Fund and designated in such Instructions. The Custodian shall act upon Instructions from the Fund and/or such agent in order to effect securities lending transactions on behalf of the Fund. For its services in facilitating a the Fund’s securities lending activities through such agent, the Custodian may receive from the agent a portion of the agent’s securities lending revenue or a fee directly from the Fund. The Custodian shall have no responsibility or liability for any losses arising in connection with the agent’s actions or omissions, including but not limited to the delivery of Securities prior to the receipt of collateral, in the absence of negligence negligence, bad faith or willful misconduct on the part of the Custodian, the Custodian’s reckless disregard of its duties under this Agreement or the Custodian’s breach of the terms of this Agreement any contract between the Fund and the Custodian.

Appears in 1 contract

Samples: Custody Agreement (Center Coast MLP & Infrastructure Fund)

Pledges or Loans of Securities. (1) Upon receipt of Instructions from a Fund, the Custodian will release or cause to be released Securities held in custody to the pledgees designated in such Instructions by way of pledge or hypothecation to secure loans incurred by such Fund with various lenders including but not limited to UMB Bank, n.a.N.A.; provided, however, that the Securities shall be released only upon payment to the Custodian of the monies borrowed, except that in cases where additional collateral is required to secure existing borrowings, further Securities may be released or delivered, or caused to be released or delivered for that purpose upon receipt of Instructions. Upon receipt of Instructions, the Custodian will pay, but only from funds available for such purpose, any such loan upon re-delivery to it of the Securities pledged or hypothecated therefor and upon surrender of the note or notes evidencing such loan. In lieu of delivering collateral to a pledgee, the Custodian, on the receipt of Instructions, shall transfer the pledged Securities to a segregated account for the benefit of the pledgee. (2) Upon receipt of Special Instructions, and execution of a separate Securities Lending Agreement, the Custodian will release securities Securities held in custody to a securities lending agent appointed by the Fund and borrower designated in such Instructions. The Custodian Instructions and may, except as otherwise provided below, deliver such Securities prior to the receipt of collateral, if any, for such borrowing, provided that, in case of loans of Securities held by a Securities System that are secured by cash collateral, the Custodian’s instructions to the Securities System shall act upon Instructions from require that the Fund and/or such agent in order to effect securities lending transactions on behalf Securities System deliver the Securities of the Fund. For its services in facilitating a Fund’s securities lending activities through such agent, appropriate Fund to the Custodian may receive from the agent a portion borrower thereof only upon receipt of the agent’s securities lending revenue or a fee directly from the Fundcollateral for such borrowing. The Custodian shall have no responsibility or liability for any losses loss arising in connection with the agent’s actions or omissions, including but not limited to from the delivery of Securities prior to the receipt of collateral. Upon receipt of Instructions and the loaned Securities, in the absence of negligence or willful misconduct on Custodian will release the part of collateral to the Custodianborrower.

Appears in 1 contract

Samples: Custody Agreement (Access One Trust)

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